5. Such a person may appeal the decision
of the Director to the Board no later than 5 days before the opening of the
bids on the project. If the appeal is sustained by the Board, the person must
be granted the rights and privileges of all other bidders.

Sec. 9. 1. The
amendatory provisions of this act apply to all public works for which bids are
first advertised after July 1, 2013.

2. Any contract awarded for a public work to
which the amendatory provisions of this act apply pursuant to subsection 1 and:

(a) Which was not advertised in compliance with the
amendatory provisions of this act;

(b) For which bids were not accepted in compliance
with the amendatory provisions of this act; or

(c) For which the
contract was not awarded in compliance with the amendatory provisions of this
act,

Κ is void.

3. As used in this section, contract and
public work have the meanings ascribed to them in NRS 338.010.

Sec. 10. This act becomes
effective on July 1, 2013.

________

CHAPTER 297, AB 189

Assembly Bill No. 189Committee on Transportation

CHAPTER 297

[Approved:
June 1, 2013]

AN ACT relating to
motor vehicles; providing for the issuance by the Department of Motor Vehicles
of a separate tier of five new special license plates, which must meet
increased requirements for bonding and the number of applications to qualify
for issuance; imposing a fee for the issuance or renewal of such license
plates; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, the standard manner for issuing
special license plates requires: (1) application to the Department of Motor
Vehicles; (2) approval by the Commission on Special License Plates; (3) posting
of a surety bond in the amount of $5,000; and (4) the issuance of at least
1,000 plates to demonstrate the viability of the plates. (NRS
482.367002-482.367008) Existing law also places a limit of 30 on the number of
separate designs of special license plates that may be issued by the Department
at any one time. (NRS 482.367008)

This bill creates a new tier of not more than 5 special
license plates that may be issued by the Department, in addition to the
existing 30, if the applicants post a larger surety bond in the amount of
$20,000 and demonstrate the issuance of at least 3,000 plates to illustrate the
viability of the plates.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Sections 1 and 2. (Deleted by amendment.)

Sec. 2.5. NRS
482.367002 is hereby amended to read as follows:

482.367002 1. A person may
request that the Department design, prepare and issue a special license plate
by submitting an application to the Department. A person may submit an
application for a special license plate that is intended to generate financial
support for an organization only if:

(a) For an organization which is not a
governmental entity, the organization is established as a nonprofit charitable
organization which provides services to the community relating to public
health, education or general welfare;

(b) For an organization which is a governmental
entity, the organization only uses the financial support generated by the
special license plate for charitable purposes relating to public health,
education or general welfare;

(c) The organization is registered with the
Secretary of State, if registration is required by law, and has filed any
documents required to remain registered with the Secretary of State;

(d) The name and purpose of the organization do
not promote, advertise or endorse any specific product, brand name or service
that is offered for profit;

(e) The organization is nondiscriminatory; and

(f) The license plate will not promote a specific
religion, faith or antireligious belief.

2. An application submitted to the Department
pursuant to subsection 1:

(a) Must be on a form prescribed and furnished by
the Department;

(b) Must specify whether the special license
plate being requested is intended to generate financial support for a
particular cause or charitable organization and, if so, the name of the cause
or charitable organization;

(c) Must include proof that the organization
satisfies the requirements set forth in subsection 1;

(d) Must be accompanied by a surety bond posted
with the Department in the amount of $5,000[;] , except that if the special license
plate being requested is one of the type described in subsection 3 of NRS
482.367008, the application must be accompanied by a surety bond posted with
the Department in the amount of $20,000; and

(e) May be accompanied by suggestions for the
design of and colors to be used in the special license plate.

3. The Department may design and prepare a
special license plate requested pursuant to subsection 1 if:

(a) The Department determines that the
application for that plate complies with subsection 2; and

(b) The Commission on Special License Plates
approves the application for that plate pursuant to subsection 5 of NRS
482.367004.

4. Except as otherwise provided in NRS
482.367008, the Department may issue a special license plate that:

(a) The Department has designed and prepared
pursuant to this section;

(b) The Commission on Special License Plates has
approved for issuance pursuant to subsection 5 of NRS 482.367004; and

Κ for any
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265 and who otherwise complies
with the requirements for registration and licensing pursuant to this chapter.
A person may request that personalized prestige license plates issued pursuant
to NRS 482.3667 be combined with a special license plate issued pursuant to
this section if that person pays the fees for personalized prestige license
plates in addition to the fees for the special license plate.

(a) If the Department or the Commission on
Special License Plates determines not to issue the special license plate; or

(b) If it is determined that at least 1,000 special
license plates have been issued pursuant to the assessment of the viability of
the design of the special license plate conducted pursuant to NRS 482.367008[.] , except that if the special license
plate is one of the type described in subsection 3 of NRS 482.367008, the
Department must promptly release the surety bond posted pursuant to subsection
2 if it is determined that at least 3,000 special license plates have been
issued pursuant to the assessment of the viability of the design of the special
license plate conducted pursuant to NRS 482.367008.

6. If, during a registration year, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.

Sec. 3. (Deleted by amendment.)

Sec. 4. NRS
482.367008 is hereby amended to read as follows:

482.367008 1. As used in this
section, special license plate means:

(a) A license plate that the Department has
designed and prepared pursuant to NRS 482.367002 in accordance with the system
of application and petition described in that section;

(c) Except for a license plate that is issued
pursuant to NRS 482.3785 or 482.3787, a license plate that:

(1) Is approved by the Legislature after
July 1, 2005; and

(2) Differs substantially in design from
the license plates that are described in subsection 1 of NRS 482.270.

2. Notwithstanding any other provision of
law to the contrary, and except as
otherwise provided in subsection 3, the Department shall not, at
any one time, issue more than 30 separate designs of special license plates.
Whenever the total number of separate designs of special license plates issued
by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license
plates that have been authorized by an act of the Legislature or the
application for which has been approved by the Commission on Special License
Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30
designs issued by the Department at any one time.

shall issue a number of additional designs of special license
plates that have been authorized by an act of the Legislature or the
application for which has been approved by the Commission on Special License
Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30
designs issued by the Department at any one time. Such additional designs must
be issued by the Department in accordance with the chronological order of their
authorization or approval.

3. In addition to the special license plates described in
subsection 2, the Department may issue not more than five separate designs of
special license plates in excess of the limit set forth in that subsection. To
qualify for issuance pursuant to this subsection:

(a) The
Commission on Special License Plates must have approved the design, preparation
and issuance of the special plates as described in paragraphs (a) and (b) of
subsection 5 of NRS 482.367004; and

(b) The
special license plates must have been applied for, designed, prepared and
issued pursuant to NRS 482.367002, except that:

(1) The
application for the special license plates must be accompanied by a surety bond
posted with the Department in the amount of $20,000; and

(2) Pursuant
to the assessment of the viability of the design of the special license plates
that is conducted pursuant to this section, it is determined that at least
3,000 special license plates have been issued.

4. Except
as otherwise provided in this subsection, on October 1 of each year the
Department shall assess the viability of each separate design of special
license plate that the Department is currently issuing by determining the total
number of validly registered motor vehicles to which that design of special
license plate is affixed. The Department shall not determine the total number
of validly registered motor vehicles to which a particular design of special
license plate is affixed if:

(a) The particular design of special license
plate was designed and prepared by the Department pursuant to NRS 482.367002;
and

(b) On October 1, that particular design of
special license plate has been available to be issued for less than 12 months.

[4.] 5. Except as otherwise provided
in subsection [6,] 7, if, on October 1, the total number of
validly registered motor vehicles to which a particular design of special
license plate is affixed is:

(a) In the case of special license plates
designed and prepared by the Department pursuant to NRS 482.367002[,] but not described in subsection 3,
less than 1,000; [or]

(b) In
the case of special license plates designed and prepared by the Department
pursuant to NRS 482.367002 and described in subsection 3, less than 3,000; or

(c) In
the case of special license plates authorized directly by the Legislature which
are described in paragraph (b) of subsection 1, less than the number of
applications required to be received by the Department for the initial issuance
of those plates,

Κ the Director
shall provide notice of that fact in the manner described in subsection [5.] 6.

[5.] 6. The notice required pursuant
to subsection [4] 5 must be provided:

(a) If the special license plate generates
financial support for a cause or charitable organization, to that cause or
charitable organization.

(b) If the special license plate does not
generate financial support for a cause or charitable organization, to an entity
which is involved in promoting the activity, place or other matter that is
depicted on the plate.

[6.] 7. If, on December 31 of the
same year in which notice was provided pursuant to subsections [4
and 5,] 5 and
6, the total number of validly registered motor vehicles to which
a particular design of special license plate is affixed is:

(a) In the case of special license plates
designed and prepared by the Department pursuant to NRS 482.367002[,] but not described in subsection 3,
less than 1,000; [or]

(b) In
the case of special license plates designed and prepared by the Department
pursuant to NRS 482.367002 and described in subsection 3, less than 3,000; or

(c) In
the case of special license plates authorized directly by the Legislature which
are described in paragraph (b) of subsection 1, less than the number of
applications required to be received by the Department for the initial issuance
of those plates,

Κ the Director
shall, notwithstanding any other provision of law to the contrary, issue an
order providing that the Department will no longer issue that particular design
of special license plate. Such an order does not require existing holders of
that particular design of special license plate to surrender their plates to
the Department and does not prohibit those holders from renewing those plates.

Secs. 5-8. (Deleted by amendment.)

Sec. 9. This act becomes
effective:

1. Upon passage and approval for the purpose of
performing any preparatory administrative tasks necessary to carry out the
provisions of this act, including, without limitation, informing organizations
whose special license plates have already been approved but are awaiting
production, as to how those organizations may qualify their special license
plates for issuance as described in subsection 3 of NRS 482.367008, as amended
by section 4 of this act; and

AN ACT relating to
food establishments; allowing farms to hold farm-to-fork events in certain
circumstances without being considered a food establishment for purposes of
inspections by the health authority and other regulations; requiring such farms
to register with the health authority; and providing other matters properly
relating thereto.

Existing law requires a person to obtain a permit to
operate a food establishment and to comply with various other requirements in
the operation of the food establishment. (NRS 446.870) Existing law defines the
term food establishment for those purposes and specifically excludes certain
entities from the definition, including private homes where the food that is
prepared or manufactured in the home is not provided for compensation or other
consideration of any kind. (NRS 446.020)

Section 5 of this bill adds to the list of
entities that are excluded from the definition of food establishment a farm
holding a farm-to-fork event. Section 2 of this bill defines the term
farm-to-fork event as an event where prepared food from a farm is provided
for immediate consumption by paying guests at the farm. Section 3 of
this bill authorizes a farm to hold a farm-to-fork event without being subject
to the requirements of a food establishment provided that: (1) any rabbit meat
or poultry served is raised and prepared on the farm, and is butchered and
processed on the farm pursuant to certain permit and inspection requirements of
NRS; (2) other food items served are prepared from ingredients substantially
produced on the farm; and (3) each guest is provided with a notice which states
that no inspection was conducted by a state or local health department of the
farm or the food to be consumed, except as to the butchering and processing of
the meat or poultry. Section 3 further provides that a farm which holds
more than two events in any month becomes a food establishment subject to all
the requirements of a food establishment for the remainder of the calendar
year. Section 3.5 requires a farm that wishes to hold farm-to-fork
events to register with the health authority by providing certain information
and paying a fee. The health authority is prohibited from inspecting the farm,
except in certain circumstances.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
446 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3, 3.5 and 4 of this act.

Sec. 2. Farm-to-fork event means an event organized on a farm
where prepared food is provided for immediate consumption to paying guests and
that meets the requirements of section 3 of this act.

Sec. 3. 1. Except as otherwise provided in subsection
3, a farm is not a food establishment for purposes of holding a farm-to-fork
event provided that:

(a) Any
poultry and meat from a rabbitthat is served at the farm-to-fork event is raised and
prepared on the farm and is butchered and processed on the farm pursuant to the
requirements of chapter 583 of NRS; and

(b) Any
other food item that is served at the farm-to-fork event, including, without
limitation, salads, side dishes and desserts, are prepared on the farm from
ingredients that are substantially produced on the farm.

2. A
farm which holds a farm-to-fork event shall, before a guest consumes any food,
provide each guest with a notice which states that no inspection was conducted
by a state or local health department of the farm or the food to be consumed,
except as otherwise provided in subsection 1.

3. A
farm which holds more than two events in any month that would otherwise qualify
as farm-to-fork events becomes a food establishment for the remainder of that
calendar year subject to all of the requirements of this chapter and any
regulations adopted pursuant thereto concerning food establishments.

Sec. 3.5. 1. A farm that wishes to hold farm-to-fork
events must register with the health authority by submitting such information
as the health authority deems appropriate, including, without limitation:

(a) The
name, address and contact information of the owner of the farm;

(b) The
name under which the farm operates; and

(c) The
address of the farm.

2. The
health authority may charge a fee for the registration of a farm pursuant to
this section in an amount not to exceed the actual cost of the health authority
to establish and maintain a registry of farms holding farm-to-fork events.

3. The
health authority shall not inspect a farm that holds a farm-to-fork event,
except as otherwise provided in subsection 3 of section 3 of this act and
except that the health authority may inspect a farm following a farm-to-fork
event to investigate a food item that may be deemed to be adulterated pursuant
to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of
illness known or suspected to be caused by a contaminated food item served at
the farm-to-fork event. A farm shall cooperate with the health authority in any
such inspection.

4. If,
as a result of an inspection conducted pursuant to subsection 3, the health
authority determines that the farm has produced an adulterated food item or was
the source of an outbreak of illness caused by a contaminated food item, the health
authority may charge and collect from the farm a fee in an amount not to exceed
the actual cost of the health authority to conduct the investigation.

Sec. 4. (Deleted by amendment.)

Sec. 5. NRS
446.020 is hereby amended to read as follows:

446.020 1. Except as
otherwise limited by subsection 2, food establishment means any place,
structure, premises, vehicle or vessel, or any part thereof, in which any food
intended for ultimate human consumption is manufactured or prepared by any
manner or means whatever, or in which any food is sold, offered or displayed
for sale or served.

2. The term does not include:

(a) Private homes, unless the food prepared or
manufactured in the home is sold, or offered or displayed for sale or for
compensation or contractual consideration of any kind;

(b) Fraternal or social clubhouses at which attendance
is limited to members of the club;

(c) Vehicles operated by common carriers engaged
in interstate commerce;

(d) Any establishment in which religious,
charitable and other nonprofit organizations sell food occasionally to raise
money or in which charitable organizations receive salvaged food in bulk
quantities for free distribution, unless the establishment is open on a regular
basis to sell food to members of the general public;

(e) Any establishment where animals are
slaughtered which is regulated and inspected by the State Department of
Agriculture;

(f) Dairy farms and plants which process milk and
products of milk or frozen desserts which are regulated under chapter 584 of
NRS; [or]

AN ACT relating to
public lands; creating the Nevada Land Management Task Force to conduct a study
addressing the transfer of public lands in Nevada from the Federal Government
to the State of Nevada; and providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill creates the Nevada Land Management Task Force,
consisting of a representative from each county in this State appointed by the
board of county commissioners, to conduct a study during the 2013-2014
legislative interim to address the transfer of public lands in Nevada from the
Federal Government to the State of Nevada, in contemplation of Congress turning
over the management and control of those public lands to the State of Nevada on
or before June 30, 2015. The Task Force is required to submit a report of its
findings and recommendations to the Legislative Committee on Public Lands on or
before September 1, 2014. The Task Force is similar to an interim commission
that is being recommended for creation in the State of Utah to study issues
relating to the transfer of public lands in Utah from the Federal Government to
the State of Utah. (House Bill No. 148, 2012 Utah Laws, ch. 353, § 5)

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

Whereas, Unlike
the eastern states that received dominion over their lands upon joining the
Union, the western states have been placed in an inferior position as a result
of the Federal Government withholding a significant portion of land from those
states as a condition of admission to the Union; and

Whereas, According
to the Congressional Research Service, as of 2010, the Federal Government
manages and controls approximately 640 million acres, or about 28 percent of
the 2.27 billion acres, of land in the United States; and

Whereas, In
contrast, the Federal Government only manages and controls 4 percent of the
land in the states east of those western states; and

Whereas, The
state with the highest percentage of lands within its boundaries that is
managed and controlled by the Federal Government is Nevada, with over 80
percent of its lands being managed and controlled by various federal agencies,
including the Bureau of Land Management, the National Park Service, the United
States Forest Service, the United States Fish and Wildlife Service and the
Department of Energy; and

Whereas, Increased
control by the State of Nevada over the public lands within its borders would
benefit the residents of Nevada significantly by allowing the State to balance
the economic, recreational and other critical interests of its residents, with
special emphasis on the multiple uses that are allowed presently on the public
lands; and

Whereas, In March 2012, legislation was enacted in the
State of Utah that, among other things, requires the Federal Government to turn
over management and control of the public lands in Utah to the State of Utah
and requires the study of various issues that may arise during such a transfer;
and

Whereas, Other
western states are considering the enactment of similar laws and momentum is
building towards the Federal Government turning over management and control of
certain public lands to the western states; and

Whereas, In
light of the magnitude of federal management and control of public lands in
Nevada, a study by the State of Nevada, in contemplation of Congress turning
over the management and control of public lands in Nevada to the State of
Nevada on or before June 30, 2015, would assist in ensuring that the transfer
proceeds in a timely and orderly manner; now therefore

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. 1. The
Nevada Land Management Task Force, consisting of 17 members, is hereby created.
Within 30 days after the effective date of this act, the board of county
commissioners of each county shall appoint one member to the Task Force.

2. A vacancy on the Task Force must be filled
in the same manner as the original appointment.

3. The Task Force shall hold its first meeting
on or before July 1, 2013. At the first meeting, the Task Force shall elect a
Chair and Vice Chair from among its members.

4. While engaged in the business of the Task
Force, each member of the Task Force is entitled to receive such per diem
allowance and travel expenses as provided by the board of county commissioners
that appointed the member. Each board of county commissioners shall pay the per
diem allowance and travel expenses required by this
subsection to the member that is appointed by that board of county
commissioners.

allowance and travel expenses required by this subsection to the
member that is appointed by that board of county commissioners.

5. The board of county commissioners of each
county, in conjunction with the Nevada Association of Counties, shall provide
such administrative support to the Task Force as is necessary to carry out the
duties of the Task Force.

6. The Task Force shall conduct a study to
address the transfer of public lands in Nevada from the Federal Government to
the State of Nevada in contemplation of Congress turning over the management
and control of those public lands to the State of Nevada on or before June 30,
2015. The study must include, without limitation:

(a) An identification of the public lands to be
transferred and the interests, rights and uses associated with those lands;

(b) The development of a proposed plan for the
administration, management and use of the public lands, including, without
limitation, the designation of wilderness or other conservation areas or the
sale, lease or other disposition of those lands; and

(c) An economic analysis concerning the transfer of
the public lands, including, without limitation:

(1) The identification of the costs directly
incident to the transfer of title of those lands;

(2) The identification of sources of revenue to
pay for the administration and maintenance of those lands by the State of
Nevada;

(3) A determination of the amount of any
revenue that is currently received by the State of Nevada or a political
subdivision of this State in connection with those lands, including, without
limitation, any payments made in lieu of taxes and mineral leases; and

(4) The identification of any potential revenue
to be received from those lands by the State of Nevada after the transfer of
the lands and recommendations for the distribution of those revenues.

7. The Task Force shall report periodically to
the Legislative Committee on Public Lands established by NRS 218E.510
concerning the activities of the Task Force.

8. On or before September 1, 2014, the Task
Force shall submit a report of its findings and recommendations to the
Legislative Committee on Public Lands for inclusion in the final report of that
Committee for the 2013-2014 legislative interim. During the 78th Session of the
Nevada Legislature, one or more members of the Task Force must be available,
upon request, to present the recommendations of the Task Force to the
Legislature or the appropriate standing committees with jurisdiction over
public lands matters.

Sec. 2. This act becomes effective
upon passage and approval and expires by limitation on June 30, 2015.

________

κ2013
Statutes of Nevada, Page 1409κ

CHAPTER 300, AB 233

Assembly Bill No. 233Assemblywoman Flores

CHAPTER 300

[Approved:
June 1, 2013]

AN ACT relating to
genetic marker analysis; authorizing a person convicted of any felony to file a
petition requesting genetic marker analysis; authorizing the appeal of an order
granting or dismissing a petition for genetic marker analysis; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Existing law authorizes a person who has been convicted
of a category A or B felony, and who is currently under imprisonment for that
conviction, to file a petition requesting genetic marker analysis of certain
evidence within the possession or custody of the State. (NRS 176.0918) This
bill authorizes a person convicted of any felony, regardless of whether the
person is under such imprisonment, to: (1) file a petition requesting genetic
marker analysis of certain evidence within the possession or custody of the
State; and (2) file an appeal of an order dismissing such a petition for
genetic marker analysis. This bill further authorizes the State to appeal an
order granting such a petition.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
176.0918 is hereby amended to read as follows:

176.0918 1. A person
convicted of a [category A or B] felony [who
is under sentence of imprisonment for that conviction and]
who otherwise meets the requirements of this section may file a postconviction
petition requesting a genetic marker analysis of evidence within the possession
or custody of the State which may contain genetic marker information relating
to the investigation or prosecution that resulted in the judgment of
conviction. If the case involves a sentence of death, the petition must
include, without limitation, the date scheduled for the execution, if it has
been scheduled.

2. Such a petition must be filed with the
clerk of the district court for the county in which the petitioner was
convicted on a form prescribed by the Department of Corrections. A copy of the
petition must be served by registered mail upon:

(a) The Attorney General; and

(b) The district attorney in the county in which
the petitioner was convicted.

3. A petition filed pursuant to this
section must be accompanied by a declaration under penalty of perjury attesting
that the information contained in the petition does not contain any material
misrepresentation of fact and that the petitioner has a good faith basis
relying on particular facts for the request. The petition must include, without
limitation:

(a) Information identifying specific evidence
either known or believed to be in the possession or custody of the State that
can be subject to genetic marker analysis;

(b) The rationale for why a reasonable
possibility exists that the petitioner would not have been prosecuted or
convicted if exculpatory results had been obtained through a genetic marker
analysis of the evidence identified in paragraph (a);

(c) An identification of the type of genetic
marker analysis the petitioner is requesting to be conducted on the evidence
identified in paragraph (a);

(d) If applicable, the results of all prior
genetic marker analysis performed on evidence in the trial which resulted in
the petitioners conviction; and

(e) A statement that the type of genetic marker
analysis the petitioner is requesting was not available at the time of trial
or, if it was available, that the failure to request genetic marker analysis
before the petitioner was convicted was not a result of a strategic or tactical
decision as part of the representation of the petitioner at the trial.

4. If a petition is filed pursuant to this
section, the court may:

(a) [Dismiss]Enter an order dismissing the
petition without a hearing if the court determines, based on the information
contained in the petition, that the petitioner does not meet the requirements
set forth in this section;

(b) After determining whether the petitioner is
indigent pursuant to NRS 171.188 and whether counsel was appointed in the case
which resulted in the conviction, appoint counsel for the limited purpose of
reviewing, supplementing and presenting the petition to the court; or

(c) Schedule a hearing on the petition. If the
court schedules a hearing on the petition, the court shall determine which
person or agency has possession or custody of the evidence and shall
immediately issue an order requiring, during the pendency of the proceeding,
each person or agency in possession or custody of the evidence to:

(1) Preserve all evidence within the
possession or custody of the person or agency that may be subjected to genetic
marker analysis pursuant to this section;

(2) Within 90 days, prepare an inventory
of all evidence relevant to the claims in the petition within the possession or
custody of the person or agency that may be subjected to genetic marker
analysis pursuant to this section; and

(3) Within 90 days, submit a copy of the
inventory to the petitioner, the prosecuting attorney and the court.

5. Within 90 days after the inventory of
all evidence is prepared pursuant to subsection 4, the prosecuting attorney may
file a written response to the petition with the court.

6. If the court holds a hearing on a
petition filed pursuant to this section, the hearing must be presided over by
the judge who conducted the trial that resulted in the conviction of the
petitioner, unless that judge is unavailable. Any evidence presented at the
hearing by affidavit must be served on the opposing party at least 15 days
before the hearing.

7. The court shall order a genetic marker
analysis, after considering the information contained in the petition pursuant
to subsection 3 and any other evidence, if the court finds that:

(a) A reasonable possibility exists that the
petitioner would not have been prosecuted or convicted if exculpatory results
had been obtained through a genetic marker analysis of the evidence identified
in the petition;

(c) Except as otherwise provided in subsection 8,
the evidence was not previously subjected to a genetic marker analysis.

8. If the evidence was previously
subjected to a genetic marker analysis, the court shall order a genetic marker
analysis pursuant to subsection 7 if the court finds that:

(a) The result of the previous analysis was
inconclusive;

(b) The evidence was not subjected to the type of
analysis that is now requested and the requested analysis may resolve an issue
not resolved by the previous analysis; or

(c) The requested analysis would provide results
that are significantly more accurate and probative of the identity of the
perpetrator than the previous analysis.

9. If the court orders a genetic marker
analysis pursuant to subsection 7 or 8, the court shall:

(a) Order the analysis to be conducted promptly
under reasonable conditions designed to protect the interest of the State and
the petitioner in the integrity of the evidence and the analysis process.

(b) Select a forensic laboratory to conduct or
oversee the analysis. The forensic laboratory selected by the court must:

(1) Be operated by this state or one of its
political subdivisions, when possible; and

(2) Satisfy the standards for quality
assurance that are established for forensic laboratories by the Federal Bureau
of Investigation.

(c) Order the forensic laboratory selected
pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The
analysis to be performed and evidence to be analyzed must:

(1) Be specified in the order; and

(2) Include such analysis, testing and
comparison of genetic marker information contained in the evidence and the
genetic marker information of the petitioner as the court determines
appropriate under the circumstances.

(d) Order the production of any reports that are
prepared by a forensic laboratory in connection with the analysis and any data
and notes upon which the report is based.

(e) Order the preservation of evidence used in a
genetic marker analysis performed pursuant to this section for purposes of a
subsequent proceeding or analysis, if any.

(f) Order the results of the genetic marker
analysis performed pursuant to this section to be sent to the State Board of
Parole Commissioners if the results of the genetic marker analysis are not
favorable to the petitioner.

10. If the court orders a genetic marker analysis pursuant to
subsection 7 or 8, the State may appeal to the Supreme Court within 30 days
after the notice of the entry of the order by filing a notice of appeal with
the clerk of the district court.

11. If
the results of a genetic marker analysis performed pursuant to this section are
favorable to the petitioner:

(a) The petitioner may bring a motion for a new
trial based on the ground of newly discovered evidence pursuant to NRS 176.515;
and

(b) The restriction on the time for filing the
motion set forth in subsection 3 of NRS 176.515 is not applicable.

[11.]12. The court shall [dismiss]enter an order dismissing a
petition filed pursuant to this section if:

(a) The requirements for ordering a genetic
marker analysis pursuant to this section are not satisfied; or

(b) The results of a genetic marker analysis
performed pursuant to this section are not favorable to the petitioner.

[12.]13. If the court enters an order dismissing a petition pursuant
to this section, the person aggrieved by the order may appeal to the Supreme
Court within 30 days after the notice of the entry of the order by filing a
notice of appeal with the clerk of the district court.

14. For the purposes of a genetic marker
analysis pursuant to this section, a person who files a petition pursuant to
this section shall be deemed to consent to the:

(a) Submission of a biological specimen by the
petitioner to determine genetic marker information; and

(b) Release and use of genetic marker information
concerning the petitioner.

[13.]15. The petitioner shall pay the
cost of a genetic marker analysis performed pursuant to this section, unless
the petitioner is incarcerated at the time the petitioner files the petition,
found to be indigent pursuant to NRS 171.188 and the results of the genetic
marker analysis are favorable to the petitioner. If the petitioner is not
required to pay the cost of the analysis pursuant to this subsection, the
expense of an analysis ordered pursuant to this section is a charge against the
Department of Corrections and must be paid upon approval by the Board of State
Prison Commissioners as other claims against the State are paid.

[14.]16. The remedy provided by this
section is in addition to, is not a substitute for and is not exclusive of any
other remedy, right of action or proceeding available to a person convicted of
a crime.

[15.]17. If a petitioner files a
petition pursuant to this section, the court schedules a hearing on the
petition and a victim of the crime for which the petitioner was convicted has
requested notice pursuant to NRS 178.5698, the district attorney in the county
in which the petitioner was convicted shall provide to the victim notice of:

(a) The fact that the petitioner filed a petition
pursuant to this section;

(b) The time and place of the hearing scheduled
by the court as a result of the petition; and

(c) The outcome of any hearing on the petition.

________

κ2013
Statutes of Nevada, Page 1413κ

CHAPTER 301, AB 284

Assembly Bill No. 284Assemblymen Flores; and Elliot
Anderson

CHAPTER 301

[Approved:
June 1, 2013]

AN ACT relating to
residential leasing; providing for the early termination of certain rental
agreements by victims of domestic violence under certain circumstances; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill provides, under certain circumstances, for the
early termination of a rental agreement if a tenant, cotenant or household
member is a victim of domestic violence. Section 1.3 of this bill: (1)
establishes provisions concerning notice requirements for such an early
termination; (2) establishes provisions concerning liability of unpaid amounts
relating to the termination of a rental agreement; (3) requires a landlord to
install a new lock onto the dwelling of certain persons who are victims of
domestic violence; and (4) establishes certain limitations concerning the disclosure
to a prospective landlord of an early termination pursuant to this bill.

Section 1.7 of this bill establishes the form in
which an affidavit submitted by a tenant or cotenant in support of a notice to
terminate a rental agreement pursuant to this bill must be made.

Existing law prohibits a landlord from taking certain
retaliatory actions against a tenant. (NRS 118A.510) Section 2 of this
bill prohibits a landlord from taking certain retaliatory actions against a
tenant, cotenant or household member who is a victim of domestic violence or
who terminates a rental agreement because he or she is a victim of domestic
violence.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
118A of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.3 and 1.7 of this act.

Sec. 1.3. 1. Notwithstanding any provision in a rental
agreement to the contrary, if a tenant, cotenant or household member is the
victim of domestic violence, the tenant or any cotenant may terminate the rental agreement by
giving the landlord written notice of termination effective at the end of the
current rental period or 30 days after the notice is provided to the landlord,
whichever occurs sooner.

2. The
written notice provided to a landlord pursuant to subsection 1 must describe
the reason for the termination of the rental agreement and be accompanied by:

(a) A
copy of an order for protection against domestic violence issued to the tenant,
cotenant or household member who is the victim of domestic violence;

(b) A
copy of a written report from a law enforcement agency indicating that the
tenant, cotenant or household member notified the law enforcement agency of the
domestic violence; or

(c) A
copy of a written affidavit in the form prescribed pursuant to section 1.7 of
this act and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or
household member is a victim of domestic violence and identifying the adverse
party.

her official capacity
stating that the tenant, cotenant or household member is a victim of domestic
violenceand
identifying the adverse party.

3. A
tenant or cotenant may terminate a rental agreement pursuant to this section
only if the actions, events or circumstances that resulted in the tenant,
cotenant or household member becoming a victim of domestic violence occurred
within the 90 days immediately preceding the written notice of termination to
the landlord.

4. A
tenant or cotenant who terminates a rental agreement pursuant to this section
is only liable, if solely or jointly liable for purposes of the rental
agreement, for any rent owed or required to be paid through the date of
termination and any other outstanding obligations. If the tenant or cotenant
has prepaid rent that would apply for the rental period in which the rental agreement
is terminated, the landlord may retain the prepaid rent and no refund is due to
the tenant or cotenant unless the amount of the prepaid rent exceeds what is
owed for that rental period. Except as otherwise provided in NRS 118A.242, if
the tenant or cotenant has paid a security deposit, the deposit must not be
withheld for the early termination of the rental agreement if the rental
agreement is terminated pursuant to this section.

5. A
person who is named as the adverse party may be civilly liable for all economic
losses incurred by a landlord for the early termination of a rental agreement
pursuant to this section, including, without limitation, unpaid rent, fees
relating to early termination, costs for the repair of any damages to the
dwelling and any reductions in or waivers of rent previously extended to the
tenant or cotenant who terminates the rental agreement pursuant to this
section.

6. A
landlord shall not provide to an adverse party any information concerning the
whereabouts of a tenant, cotenant or household member if the tenant or cotenant
provided notice pursuant to subsection 1.

7. If
a tenant or cotenant provided notice pursuant to subsection 1, the tenant,
cotenant or a household member may require the landlord to install a new lock
onto the dwelling if the tenant, cotenant or household member pays the cost of
installing the new lock. A landlord complies with the requirements of this
subsection by:

(a) Rekeying
the lock if the lock is in good working condition; or

(b) Replacing
the entire locking mechanism with a new locking mechanism of equal or superior
quality.

8. A
landlord who installs a new lock pursuant to subsection 7 may retain a copy of
the new key. Notwithstanding any provision in a rental agreement to the
contrary, the landlord shall:

(a) Refuse
to provide a key which unlocks the new lock to an adverse party.

(b) Refuse to provide to an adverse party,
whether or not that party is a tenant, cotenant or household member, access to
the dwelling to reclaim property unless a law
enforcement officer is present.

9. This
section shall not be construed to limit a landlords right to terminate a
rental agreement for reasons unrelated to domestic violence.

10. Notwithstanding
any other provision of law, the termination of a rental agreement pursuant to
this section:

(a) Must
not be disclosed, described or characterized as an early termination by a
current landlord to a prospective landlord; and

(b) Is
not required to be disclosed as an early termination by a tenant or cotenant to
a prospective landlord.

11. As used in this section:

(a) Adverse
party means a person who is named in an order for protection against domestic
violence, a written report from a law enforcement agency or a written statement
from a qualified third party and who is alleged to be the cause of the early
termination of a rental agreement pursuant to this section.

(b) Cotenant
means a tenant who, pursuant to a rental agreement, is entitled to occupy a
dwelling that another tenant is also entitled to occupy pursuant to the same
rental agreement.

(c) Domestic
violence means the commission of any act described in NRS 33.018.

(d) Household
member means any person who is related by blood or marriage and is actually
residing with a tenant or cotenant.

(e) Qualified
third party means:

(1) A
physician licensed to practice in this State.

(2) A
psychiatrist licensed to practice medicine in this State and certified by the
American Board of Psychiatry and Neurology, Inc. or the American Osteopathic
Board of Neurology and Psychiatry of the American Osteopathic Association;

(3) A
psychologist licensed to practice in this State;

(4) A
social workerlicensed
to practice in this State;

(5) A
registered nurse holding a masters degree in the field of psychiatric nursing
and licensed to practice professional nursing in this State;

(6) A
marriage and family therapist or clinical professional counselor licensed to
practice in this State pursuant to chapter 641A of NRS;

(7) Any
person employed by an agency or service which advises persons regarding
domestic violence or refers them to persons or agencies where their request and
needs can be met and who is licensed to provide health care pursuant to the
provisions of title 54 of NRS, or is a member of the board of directors or
serves as the executive director of an agency or service which advises persons
regarding domestic violence or refers them to persons or agencies where their
request and needs can be met; or

(8) Any
member of the clergyof
a church or religious society or denomination that is recognized as exempt
under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501
(c)(3), who has been chosen, elected or appointed in conformity with the
constitution, canons, rites, regulations or discipline of the church or religious
society or denomination.

Sec. 1.7. An affidavit submitted by a tenant or
cotenant pursuant to section 1.3 of this act must be in substantially the
following form:

(Name of the qualified third party, as defined in section
1.3 of this act, including, if applicable, the name of the organization with
which the qualified third party is affiliated)

118A.510 1. Except as
otherwise provided in subsection 3, the landlord may not, in retaliation,
terminate a tenancy, refuse to renew a tenancy, increase rent or decrease
essential items or services required by the rental agreement or this chapter,
or bring or threaten to bring an action for possession if:

(a) The tenant has complained in good faith of a
violation of a building, housing or health code applicable to the premises and
affecting health or safety to a governmental agency charged with the responsibility
for the enforcement of that code;

(b) The tenant has complained in good faith to
the landlord or a law enforcement agency of a violation of this chapter or of a
specific statute that imposes a criminal penalty;

(c) The tenant has organized or become a member
of a tenants union or similar organization;

(d) A citation has been issued resulting from a
complaint described in paragraph (a);

(e) The tenant has instituted or defended against
a judicial or administrative proceeding or arbitration in which the tenant
raised an issue of compliance with the requirements of this chapter respecting
the habitability of dwelling units;

(f) The tenant has failed or refused to give
written consent to a regulation adopted by the landlord, after the tenant
enters into the rental agreement, which requires the landlord to wait until the
appropriate time has elapsed before it is enforceable against the tenant; [or]

(g) The tenant has complained in good faith to
the landlord, a government agency, an attorney, a fair housing agency or any
other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or
the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise
exercised rights which are guaranteed or protected under those laws[.] ; or

(h) The
tenant or, if applicable, a cotenant or household member, is a victim of
domestic violence or terminates a rental agreement pursuant to section 1.3 of this act.

2. If the landlord violates any provision
of subsection 1, the tenant is entitled to the remedies provided in NRS
118A.390 and has a defense in any retaliatory action by the landlord for
possession.

3. A landlord who acts under the
circumstances described in subsection 1 does not violate that subsection if:

(a) The violation of the applicable building,
housing or health code of which the tenant complained was caused primarily by
the lack of reasonable care by the tenant, a member of his or her household or
other person on the premises with his or her consent;

(b) The tenancy is terminated with cause;

(c) A citation has been issued and compliance
with the applicable building, housing or health code requires alteration,
remodeling or demolition and cannot be accomplished unless the tenants
dwelling unit is vacant; or

(d) The increase in rent applies in a uniform
manner to all tenants.

Κ The
maintenance of an action under this subsection does not prevent the tenant from
seeking damages or injunctive relief for the landlords failure to comply with
the rental agreement or maintain the dwelling unit in a habitable condition as
required by this chapter.

4. As
used in this section:

(a) Cotenant
has the meaning ascribed to it in section 1.3 of this act.

(b) Domestic
violence has the meaning ascribed to it in section 1.3 of this act.

(c) Household
member has the meaning ascribed to it in section 1.3 of this act.

Sec. 3. This act becomes effective
on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 1418κ

CHAPTER 302, AB 300

Assembly Bill No. 300Assemblyman Frierson

Joint Sponsor: Senator Roberson

CHAPTER 302

[Approved:
June 1, 2013]

AN ACT relating to
real property; revising provisions governing the affidavit of authority to
exercise the power of sale under a deed of trust which must be included with a
notice of default and election to sell; revising provisions governing the
exercise of the power of sale under a deed of trust; and providing other
matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires a notice of default and election to
sell real property subject to a deed of trust to include an affidavit based on
the personal knowledge of the affiant setting forth certain information
concerning the deed of trust, the amounts due, the possession of the note
secured by the deed of trust and the authority to foreclose. (NRS 107.080) Section
1 of this bill provides that certain information provided in the affidavit
may be based on: (1) the information obtained by the affiants review of the
business records of the beneficiary of the deed of trust; and (2) the
information contained in the records of the recorder of the county in which the
property is located or the title guaranty or title insurance issued by a title
insurer or title agent authorized to do business in this State. Section 1
also revises the information required to be stated in the affidavit. Section
1 further provides that the power of sale may not be exercised until the
beneficiary or its successor in interest or the servicer of the obligation or
debt secured by the deed of trust has instructed the trustee to exercise the
power of sale. Under sections 2 and 3 of this bill, the amendatory
provisions of this bill become effective upon passage and approval and apply to
a notice of default and election to sell recorded on or after the effective
date of this bill.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
107.080 is hereby amended to read as follows:

107.080 1. Except as otherwise
provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any
estate in real property is made after March 29, 1927, to secure the performance
of an obligation or the payment of any debt, a power of sale is hereby
conferred upon the trustee to be exercised after a breach of the obligation for
which the transfer is security.

2. The power of sale must not be
exercised, however, until:

(a) Except as otherwise provided in paragraph
(b), in the case of any trust agreement coming into force:

(1) On or after July 1, 1949, and before
July 1, 1957, the grantor, the person who holds the title of record, a
beneficiary under a subordinate deed of trust or any other person who has a
subordinate lien or encumbrance of record on the property has, for a period of
15 days, computed as prescribed in subsection 3, failed to make good the deficiency
in performance or payment; or

(2) On or after July 1, 1957, the grantor,
the person who holds the title of record, a beneficiary under a subordinate
deed of trust or any other person who has a subordinate
lien or encumbrance of record on the property has, for a period of 35 days,
computed as prescribed in subsection 3, failed to make good the deficiency in
performance or payment.

person who has a subordinate lien or encumbrance of record on
the property has, for a period of 35 days, computed as prescribed in subsection
3, failed to make good the deficiency in performance or payment.

(b) In the case of any trust agreement which
concerns owner-occupied housing as defined in NRS 107.086, the grantor, the
person who holds the title of record, a beneficiary under a subordinate deed of
trust or any other person who has a subordinate lien or encumbrance of record
on the property has, for a period that commences in the manner and subject to
the requirements described in subsection 3 and expires 5 days before the date
of sale, failed to make good the deficiency in performance or payment.

(c) The beneficiary, the successor in interest of
the beneficiary or the trustee first executes and causes to be recorded in the
office of the recorder of the county wherein the trust property, or some part
thereof, is situated a notice of the breach and of the election to sell or
cause to be sold the property to satisfy the obligation which, except as
otherwise provided in this paragraph, includes a notarized affidavit of
authority to exercise the power of sale .[stating, based on
personal knowledge and] Except as otherwise provided in subparagraph (5), the affidavit required by this paragraph must state
under the penalty of perjury[:] the following information, which must
be based on the direct, personal knowledge of the affiant or the personal
knowledge which the affiant acquired by a review of the business records of the
beneficiary, the successor in interest of the beneficiary or the servicer of
the obligation or debt secured by the deed of trust, which business records
must meet the standards set forth in NRS 51.135:

(1) The full name and business address of
the current trustee
or the current
trustees personal representative or assignee, the current holder of the note
secured by the deed of trust, the current beneficiary of record and the [servicers]current servicer of
the obligation or debt secured by the deed of trust . [;]

(2) [The full name and last
known business address of every prior known beneficiary of the deed of trust;

(3)] That
the beneficiary under the deed of trust, the successor in interest of the
beneficiary or the trustee is in actual or constructive possession of the note
secured by the deed of trust[;

(4) That] or that the beneficiary or its successor in
interest or the trustee is entitled to enforce the obligation or debt secured by
the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an
instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in
interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the
trustee is:

(I) The
holder of the instrument;

(II) A
nonholder in possession of the instrument who has the rights of a holder; or

(III) A
person not in possession of the instrument who is entitled to enforce the
instrument pursuant to a court order issued under NRS 104.3309.

(3) [trusteehas the authorityto exercise the power of sale with respect
to the property pursuant
to the instruction of the beneficiary of record and the current holder of the
note secured by the deed of trust;

(5) The]That the beneficiary or its successor in interest, the
servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of
the obligation or debt secured by the deed of trust a written statement of:

(I) The
amount of payment required to make good the deficiency in performance or payment,
avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;

(II) The
amount in default[,
the] ;

(III) The
principal amount of the obligation or debt secured by the deed of
trust[,
a] ;

(IV) The
amount of accrued interest and late charges;

(V) A
good faith estimate of all fees imposed [and to be imposed because
of the default and the costs and fees charged to the debtor]
in connection with the exercise of the power of sale; and

[(6)](VI) Contact information for obtaining the most
current amounts due and the local or toll-free telephone number described in subparagraph (4).

(4) A local or toll-free telephone number that the
obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the
information contained in the affidavit.

(5) The
date[,]and the recordation
number or other unique designation of [the instrument that
conveyed the interest of each beneficiary and a description of the instrument
that conveyed the interest of each beneficiary.] , and the name of each assignee under,
each recorded assignment of the deed of the trust. The information required to
be stated in the affidavit pursuant to this subparagraph may be based on:

(I) The
direct, personal knowledge of the affiant;

(II) The
personal knowledge which the affiant acquired by a review of the business
records of the beneficiary, the successor in interest of the beneficiary or the
servicer of the obligation or debt secured by the deed of trust, which business
records must meet the standards set forth in NRS 51.135;

(III) Information
contained in the records of the recorder of the county in which the property is
located; or

(IV) The
title guaranty or title insurance issued by a title insurer or title agent
authorized to do business in this State pursuant to chapter 692A of NRS.

Κ The
affidavit described in this paragraph is not required for the exercise of the
trustees power of sale with respect to any trust agreement which concerns a
time share within a time share plan created pursuant to chapter 119A of NRS if
the power of sale is being exercised for the initial beneficiary under the deed
of trust or an affiliate of the initial beneficiary.

(d) The
beneficiary or its successor in interest or the servicer of the obligation or
debt secured by the deed of trust has instructed the trustee to exercise the
power of sale with respect to the property.

(e) Not
less than 3 months have elapsed after the recording of the notice.

3. The 15- or 35-day period provided in
paragraph (a) of subsection 2, or the period provided in paragraph (b) of
subsection 2, commences on the first day following the day upon which the
notice of default and election to sell is recorded in the
office of the county recorder of the county in which the property is located
and a copy of the notice of default and election to sell is mailed by
registered or certified mail, return receipt requested and with postage prepaid
to the grantor or, to the person who holds the title of record on the date the
notice of default and election to sell is recorded, and, if the property is
operated as a facility licensed under chapter 449 of NRS, to the State Board of
Health, at their respective addresses, if known, otherwise to the address of
the trust property.

sell is recorded in the office of the county recorder of the
county in which the property is located and a copy of the notice of default and
election to sell is mailed by registered or certified mail, return receipt
requested and with postage prepaid to the grantor or, to the person who holds
the title of record on the date the notice of default and election to sell is
recorded, and, if the property is operated as a facility licensed under chapter
449 of NRS, to the State Board of Health, at their respective addresses, if
known, otherwise to the address of the trust property. The notice of default
and election to sell must:

(a) Describe the deficiency in performance or
payment and may contain a notice of intent to declare the entire unpaid balance
due if acceleration is permitted by the obligation secured by the deed of
trust, but acceleration must not occur if the deficiency in performance or
payment is made good and any costs, fees and expenses incident to the
preparation or recordation of the notice and incident to the making good of the
deficiency in performance or payment are paid within the time specified in
subsection 2; and

(b) If the property is a residential foreclosure,
comply with the provisions of NRS 107.087.

4. The trustee, or other person authorized
to make the sale under the terms of the trust deed or transfer in trust, shall,
after expiration of the 3-month period following the recording of the notice of
breach and election to sell, and before the making of the sale, give notice of
the time and place thereof by recording the notice of sale and by:

(a) Providing the notice to each trustor, any
other person entitled to notice pursuant to this section and, if the property
is operated as a facility licensed under chapter 449 of NRS, the State Board of
Health, by personal service or by mailing the notice by registered or certified
mail to the last known address of the trustor and any other person entitled to
such notice pursuant to this section;

(b) Posting a similar notice particularly
describing the property, for 20 days successively, in a public place in the
county where the property is situated;

(c) Publishing a copy of the notice three times,
once each week for 3 consecutive weeks, in a newspaper of general circulation
in the county where the property is situated or, if the property is a time
share, by posting a copy of the notice on an Internet website and publishing a
statement in a newspaper in the manner required by subsection 3 of NRS 119A.560;
and

(d) If the property is a residential foreclosure,
complying with the provisions of NRS 107.087.

5. Every sale made under the provisions of
this section and other sections of this chapter vests in the purchaser the
title of the grantor and any successors in interest without equity or right of
redemption. A sale made pursuant to this section must be declared void by any
court of competent jurisdiction in the county where the sale took place if:

(a) The trustee or other person authorized to
make the sale does not substantially comply with the provisions of this section
or any applicable provision of NRS 107.086 and 107.087;

(b) Except as otherwise provided in subsection 6,
an action is commenced in the county where the sale took place within 90 days
after the date of the sale; and

(c) A notice of lis pendens providing notice of
the pendency of the action is recorded in the office of the county recorder of
the county where the sale took place within 30 days after commencement of the
action.

6. If proper notice is not provided
pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to
the person who holds the title of record on the date the notice of default and
election to sell is recorded, to each trustor or to any other person entitled
to such notice, the person who did not receive such proper notice may commence
an action pursuant to subsection 5 within 120 days after the date on which the
person received actual notice of the sale.

7. If, in an action brought by the grantor
or the person who holds title of record in the district court in and for the
county in which the real property is located, the court finds that the
beneficiary, the successor in interest of the beneficiary or the trustee did
not comply with any requirement of subsection 2, 3 or 4, the court must award
to the grantor or the person who holds title of record:

(a) Damages of $5,000 or treble the amount of
actual damages, whichever is greater;

(b) An injunction enjoining the exercise of the
power of sale until the beneficiary, the successor in interest of the
beneficiary or the trustee complies with the requirements of subsections 2, 3
and 4; and

(c) Reasonable attorneys fees and costs,

Κ unless the
court finds good cause for a different award. The remedy provided in this
subsection is in addition to the remedy provided in subsection 5.

8. The sale of a lease of a dwelling unit
of a cooperative housing corporation vests in the purchaser title to the shares
in the corporation which accompany the lease.

9. After a sale of property is conducted pursuant
to this section, the trustee shall:

(a) Within 30 days after the date of the sale,
record the trustees deed upon sale in the office of the county recorder of the
county in which the property is located; or

(b) Within 20 days after the date of the sale,
deliver the trustees deed upon sale to the successful bidder. Within 10 days
after the date of delivery of the deed by the trustee, the successful bidder
shall record the trustees deed upon sale in the office of the county recorder
of the county in which the property is located.

10. If the successful bidder fails to
record the trustees deed upon sale pursuant to paragraph (b) of subsection 9,
the successful bidder:

(a) Is liable in a civil action to any party that
is a senior lienholder against the property that is the subject of the sale in
a sum of up to $500 and for reasonable attorneys fees and the costs of
bringing the action; and

(b) Is liable in a civil action for any actual
damages caused by the failure to comply with the provisions of subsection 9 and
for reasonable attorneys fees and the costs of bringing the action.

11. The county recorder shall, in addition
to any other fee, at the time of recording a notice of default and election to
sell collect:

(a) A fee of $150 for deposit in the State
General Fund.

(b) A fee of $45 for deposit in the Account for
Foreclosure Mediation, which is hereby created in the State General Fund. The
Account must be administered by the Court Administrator, and the money in the
Account may be expended only for the purpose of
supporting a program of foreclosure mediation established by Supreme Court
Rule.

may be expended only for the purpose of supporting a program
of foreclosure mediation established by Supreme Court Rule.

(c) A fee of $5 to be paid over to the county
treasurer on or before the fifth day of each month for the preceding calendar
month. The county recorder may direct that 1.5 percent of the fees collected by
the county recorder pursuant to this paragraph be transferred into a special
account for use by the office of the county recorder. The county treasurer
shall remit quarterly to the organization operating the program for legal
services that receives the fees charged pursuant to NRS 19.031 for the
operation of programs for the indigent all the money received from the county
recorder pursuant to this paragraph.

12. The fees collected pursuant to
paragraphs (a) and (b) of subsection 11 must be paid over to the county
treasurer by the county recorder on or before the fifth day of each month for
the preceding calendar month, and, except as otherwise provided in this subsection,
must be placed to the credit of the State General Fund or the Account for
Foreclosure Mediation as prescribed pursuant to subsection 11. The county
recorder may direct that 1.5 percent of the fees collected by the county
recorder be transferred into a special account for use by the office of the
county recorder. The county treasurer shall, on or before the 15th day of each
month, remit the fees deposited by the county recorder pursuant to this
subsection to the State Controller for credit to the State General Fund or the
Account as prescribed in subsection 11.

13. The beneficiary, the successor in
interest of the beneficiary or the trustee who causes to be recorded the notice
of default and election to sell shall not charge the grantor or the successor
in interest of the grantor any portion of any fee required to be paid pursuant
to subsection 11.

14. As used in this section:

(a) Residential foreclosure means the sale of a
single family residence under a power of sale granted by this section. As used
in this paragraph, single family residence:

(1) Means a structure that is comprised of
not more than four units.

(2) Does not include vacant land or any
time share or other property regulated under chapter 119A of NRS.

(b) Trustee means the trustee of record.

Sec. 2. The amendatory provisions
of this act apply only to a notice of default and election to sell which is
recorded pursuant to NRS 107.080, as amended by this act, on or after the
effective date of this act.

Sec. 3. This act becomes effective
upon passage and approval.

________

κ2013
Statutes of Nevada, Page 1424κ

CHAPTER 303, AB 303

Assembly Bill No. 303Assemblyman Aizley

CHAPTER 303

[Approved:
June 1, 2013]

AN ACT relating to
the Public Employees Benefits Program; revising provisions relating to the
subsidy for coverage of certain retired persons under the Program; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides for the payment of a subsidy to
cover a portion of the cost of the coverage provided through the Public
Employees Benefits Program by an individual medical plan offered pursuant to
the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., which is
commonly known as Medicare, to persons who were initially hired before January
1, 2012, and who retire with state service. The amount of this subsidy is
established by the Legislature each biennium. (NRS 287.046; section 2 of
chapter 421, Statutes of Nevada 2011, at pp. 2574-75) This bill authorizes the
Board of the Public Employees Benefits Program to approve the payment of an
additional amount to increase the subsidy of such retired persons above the
amount established by the Legislature for the biennium for those retired
persons from any money that is available for that purpose, such as excess
reserves.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
287.046 is hereby amended to read as follows:

287.046 1. The Department of
Administration shall establish an assessment that is to be used to pay for a
portion of the cost of premiums or contributions for the Program for persons
who were initially hired before January 1, 2012, and have retired with state
service.

2. The money assessed pursuant to
subsection 1 must be deposited into the Retirees Fund and must be based upon a
base amount approved by the Legislature each session to pay for a portion of
the current and future health and welfare benefits for persons who retired
before January 1, 1994, or for persons who retire on or after January 1, 1994,
as adjusted by subsection 5.

3. Except as otherwise provided in
subsections 7 and 8, the portion to be paid to the Program from the Retirees
Fund on behalf of such persons must be equal to a portion of the cost for each
retiree and the retirees dependents who are enrolled in the plan, as defined
for each year of the plan by the Program.

4. Except as otherwise provided in
subsection 6, the portion of the amount approved by the Legislature as
described in subsection 2 to be paid to the Program from the Retirees Fund for
persons who retired before January 1, 1994, with state service is the base
funding level defined for each year of the plan by the Program.

5. Except as otherwise provided in
subsection 6, adjustments to the portion of the amount approved by the
Legislature as described in subsection 2 to be paid by the Retirees Fund for
persons who retire on or after January 1, 1994, with state service must be as
follows:

(a) For each year of service less than 15 years,
excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid
by the Retirees Fund must be reduced by an amount equal to 7.5 percent of the
base funding level defined by the Legislature. In no event may the adjustment
exceed 75 percent of the base funding level defined by the Legislature.

(b) For each year of service greater than 15
years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the
portion paid by the Retirees Fund must be increased by an amount equal to 7.5
percent of the base funding level defined by the Legislature. In no event may
the adjustment exceed 37.5 percent of the base funding level defined by the
Legislature.

6. The portion to be paid to the Program
from the Retirees Fund on behalf of a retired person whose coverage is
provided through the Program by an individual medical plan offered pursuant to
the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., must be:

(a) For persons who retired before January 1,
1994, the base funding level defined by the Legislature multiplied by 15.

(b) For persons who retired on or after January
1, 1994, the base funding level defined by the Legislature multiplied by the
number of years of service of the person, excluding service purchased pursuant
to NRS 1A.310 or 286.300, up to a maximum of 20 years of service.

Κ The
Board may approve the payment of an additional amount to retired persons described in this subsection that is in
excess of the amount paid pursuant to paragraph (a) or (b), or both, for those
persons from any money that is available for
that purpose.

7. No money may be paid by the Retirees
Fund on behalf of a retired person who is initially hired by the State:

(a) On or after January 1, 2010, but before
January 1, 2012, and who:

(1) Has not participated in the Program on
a continuous basis since retirement from such employment; or

(2) Does not have at least 15 years of
service, which must include state service and may include local governmental
service, unless the retired person does not have at least 15 years of service
as a result of a disability for which disability benefits are received under
the Public Employees Retirement System or a retirement program for
professional employees offered by or through the Nevada System of Higher
Education, and has participated in the Program on a continuous basis since
retirement from such employment.

(b) On or after January 1, 2012. The provisions
of this paragraph must not be construed to prohibit a retired person who was
hired on or after January 1, 2012, from participating in the Program until the
retired person is eligible for coverage under an individual medical plan
offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et
seq. The retired person shall pay the entire premium or contribution for his or
her participation in the Program.

8. If the amount calculated pursuant to subsection
5 or 6 exceeds the actual premium or contribution for the plan of the Program
that the retired participant selects, the balance must be credited to the
Program Fund.

9. For the purposes of this section:

(a) Credit for service must be calculated in the
manner provided by chapter 286 of NRS.

10. The Department shall agree through the
Board with the insurer for billing of remaining premiums or contributions for
the retired participant and the retired participants dependents to the retired
participant and to the retired participants dependents who elect to continue
coverage under the Program after the retired participants death.

AN ACT relating to
certain regulated professions; revising the definition of private
investigator; exempting certain activities from the applicability of
provisions of existing law governing private investigators and related
professions; revising provisions governing employees of certain licensees;
requiring certain licensees to maintain a principal place of business in this
State; providing a penalty; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Section 1 of this bill revises the definition of
the term private investigator to include certain activities relating to
investigations into computerized data not available to the public and certain
crimes and torts. Section 2 of this bill revises the applicability of
provisions governing private investigators and related professions to exempt
from the requirements for licensure certain persons who perform maintenance or
repair of computers under certain circumstances.

Section 6 of this bill requires a person licensed
to engage in the business of a private investigator, private patrol officer,
process server, repossessor, dog handler, security consultant, or polygraphic
examiner or intern to maintain a principal place of business in this State. Section
5 of this bill requires that a licensee post his or her license in a
conspicuous place in the licensees principal place of business in this State. Section
4 of this bill requires a licensee to: (1) ensure that every registered
person employed in this State by the licensee is supervised by a licensee who
is physically located in this State; and (2) maintain at a location in this
State records relating to employment, compensation, licensure and registration
of employees.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
648.012 is hereby amended to read as follows:

648.012 Private investigator means any
person who for any consideration engages in business or accepts employment to
furnish, or agrees to make or makes any investigation for the purpose of
obtaining, including, without limitation, through the
review, analysis and investigation of computerized data not available to the
public, information with reference to:

3. The cause or responsibility for fires,
libels, losses, accidents or damage or injury to persons or to property;

4. A crime or tort that has been committed, attempted,
threatened or suspected, except an expert witness or a consultant who is retained
for litigation or a trial, or in anticipation of litigation or a trial, and who
performs duties and tasks within his or her field of expertise that are
necessary to form his or her opinion;

5. Securing
evidence to be used before any court, board, officer or investigating
committee; or

[5.]6. The prevention, detection and
removal of surreptitiously installed devices for eavesdropping or observation.

Sec. 2. NRS
648.018 is hereby amended to read as follows:

648.018 Except as to polygraphic examiners
and interns, this chapter does not apply:

1. To any detective or officer belonging
to the law enforcement agencies of the State of Nevada or the United States, or
of any county or city of the State of Nevada, while the detective or officer is
engaged in the performance of his or her official duties.

2. To special police officers appointed by
the police department of any city, county, or city and county within the State
of Nevada while the officer is engaged in the performance of his or her
official duties.

3. To insurance adjusters and their
associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who
are not otherwise engaged in the business of private investigators.

4. To any private investigator, private
patrol officer, process server, dog handler or security consultant employed by
an employer regularly in connection with the affairs of that employer if a bona
fide employer-employee relationship exists, except as otherwise provided in NRS
648.060, 648.140 and 648.203.

5. To a repossessor employed exclusively
by one employer regularly in connection with the affairs of that employer if a
bona fide employer-employee relationship exists, except as otherwise provided
in NRS 648.060, 648.140 and 648.203.

6. To a person engaged exclusively in the
business of obtaining and furnishing information as to the financial rating of
persons.

7. To a charitable philanthropic society
or association incorporated under the laws of this State which is organized and
maintained for the public good and not for private profit.

8. To an attorney at law in performing his
or her duties as such.

9. To a collection agency unless engaged
in business as a repossessor, licensed by the Commissioner of Financial
Institutions, or an employee thereof while acting within the scope of his or
her employment while making an investigation incidental to the business of the
agency, including an investigation of the location of a
debtor or his or her assets and of property which the client has an interest in
or lien upon.

investigation of the location of a debtor or his or her
assets and of property which the client has an interest in or lien upon.

10. To admitted insurers and agents and
insurance brokers licensed by the State, performing duties in connection with
insurance transacted by them.

11. To any bank organized pursuant to the
laws of this State or to any national bank engaged in banking in this State.

12. To any person employed to administer a
program of supervision for persons who are serving terms of residential
confinement.

13. To any commercial registered agent, as
defined in NRS 77.040, who obtains copies of, examines or extracts information
from public records maintained by any foreign, federal, state or local
government, or any agency or political subdivision of any foreign, federal,
state or local government.

14. To any holder of a certificate of
certified public accountant issued by the Nevada State Board of Accountancy
pursuant to chapter 628 of NRS while performing his or her duties pursuant to
the certificate.

15. To
a person performing the repair or maintenance of a computer who performs a
review or analysis of data contained on a computer solely for the purposes of
diagnosing a computer hardware or software problem and who is not otherwise
engaged in the business of a private investigator.

Sec. 3. NRS
648.080 is hereby amended to read as follows:

648.080 Every application for a license
must contain:

1. A detailed statement of the applicants
personal history on the form specified by the Board. If the applicant is a
corporation, the application must include such a statement concerning each
officer and director.

2. A statement of the applicants
financial condition on the form specified by the Board. If the applicant is a
corporation, the application must include such a statement concerning each
officer and director.

3. [A specific description of
the location]The
complete address of the principal place of business of the
applicant[,
the]in this
State and of each branch office or other place of business of the applicant in
this State.

4. The
business or
businesses in which the applicant intends to engage and the
category or categories of
license he or she desires.

[4.]5. A complete set of fingerprints
which the Board may forward to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report.

[5.]6. A recent photograph of the
applicant or, if the applicant is a corporation, of each officer and director.

[6.]7. Evidence supporting the
qualifications of the applicant in meeting the requirements for the license for
which he or she is applying.

[7.]8. If the applicant is not a
natural person, the full name and residence address of each of its partners,
officers, directors and manager, and a certificate of filing of a fictitious
name.

[8.]9. Such other facts as may be
required by the Board to show the good character, competency and integrity of
each signatory.

Sec. 4. NRS
648.140 is hereby amended to read as follows:

648.140 1. Any license
obtained pursuant to the provisions of this chapter gives the licensee or any
bona fide employee of the licensee authority to engage in the type of business
for which he or she is licensed in any county or city in the State of Nevada. A
county or city shall not enact ordinances regulating persons licensed pursuant
to this chapter, except general business regulations
designed to raise revenue or assure compliance with building codes and
ordinances or regulations concerning zoning and safety from fire.

general business regulations designed to raise revenue or
assure compliance with building codes and ordinances or regulations concerning zoning
and safety from fire.

2. Except
for polygraphic examiners and interns, a licensee may employ, in connection
with his or her business, as many persons registered pursuant to this chapter
as may be necessary, but at all times every licensee [is]:

(a) Shall
ensure that each registered person employed in this State by the licensee is
supervised by a licensee who is physically present in this State; and

(b) Is
accountable for the good conduct of every person employed by the
licensee in connection with his or her business.

3. Each
licensee shall [furnish]:

(a) Maintain
at a location within this State records relating to the employment,
compensation, licensure and registration of employees;

(b) Furnish
the Board with the information requested by it concerning all
employees registered pursuant to this chapter, except clerical personnel ; [,]
and [shall notify]

(c) Notify
the Board within 3 days after such employees begin their
employment.

Sec. 5. NRS
648.142 is hereby amended to read as follows:

648.142 1. The license, when issued,
shall be in such form as may be determined by the Board and shall include:

(a) The name of the licensee.

(b) The name under which the licensee is to
operate.

(c) The number and date of the license.

(d) The expiration date of the license.

(e) If the licensee is a corporation, the name of
the person or persons affiliated with the corporation on the basis of whose
qualifications such license is issued.

(f) The classification or classifications of work
which the license authorizes.

2. The license shall at all times be
posted in a conspicuous place in the licensees principal place of business [of
the licensee.]
in this State.

3. Upon the issuance of a license, a
pocket card of such size, design and content as may be determined by the Board
shall be issued without charge to each licensee, if an individual, or if the
licensee is a person other than an individual, to its manager and to each of
its officers, directors and partners, which card shall be evidence that the
licensee is duly licensed pursuant to this chapter. When any person to whom a
card is issued terminates his or her position, office or association with the
licensee, the card shall be surrendered to the licensee and within 5 days
thereafter shall be mailed or delivered by the licensee to the Board for
cancellation.

4. A licensee shall, within 30 days after
such change, notify the Board of any and all changes of his or her address, of
the name under which the licensee does business, and of any change in its
officers, directors or partners.

5. A license issued under this chapter is
not assignable.

Sec. 6. NRS
648.148 is hereby amended to read as follows:

648.148 1. Each licensee
shall [file]:

(a) Maintain
a principal place of business in this State; and

(b) File
with the Board the complete address of his or her principal place
of business in this State, including
the name and number of the street, or, if the street
where the business is located is not numbered, the number of the post office
box.

the street where the business is located is not numbered, the
number of the post office box. The Board may require the filing of other
information for the purpose of identifying such principal place of business.

2. Every advertisement by a licensee
soliciting or advertising business shall contain the licensees name and [address]the number of the licensees
license as they appear in the records of the Board.

AN ACT relating to
mining; requiring certain plans for reclamation of an exploration project or
mining operation to provide for public nonmotorized access to the water level
of a pit lake; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, a person who applies for a permit for
a mining operation from the Division of Environmental Protection of the State
Department of Conservation and Natural Resources must file with the Division a
plan for the reclamation of any land damaged as a result of the mining
operation. (NRS 519A.210) Existing law also requires a person who applies for a
permit to engage in an exploration project to agree in writing to assume
responsibility for the reclamation of any surface area damaged as a result of
the exploration project. (NRS 519A.190) Existing law imposes certain
requirements on a plan for reclamation regarding the timing of reclamation
activities, the provision of vegetative cover and the stability of the land
disturbed by the mining operation or exploration project. The operator of the
mining operation or exploration project may request from the Division an
exception for open pits and rock faces which may not be feasible to reclaim. If
such an exception is granted, the Division must require the operator to take
sufficient measures to ensure public safety. (NRS 519A.230) Section 3 of
this bill requires that a plan for reclamation of an exploration project or
mining operation must provide for the reclamation of a pit lake if the pit lake
will have a predicted filled surface area of more than 200 acres. The plan for
reclamation for such a pit lake must, if feasible, and subject to the right of
the landowner to determine the final and ultimate use of the premises, provide
for at least one point of public nonmotorized access for traffic to the water
level of the pit lake. Section 3 also provides that certain past or
present owners, operators, lessees or occupants of the premises for which
public access to a pit lake is provided pursuant to a plan for reclamation owe
no duty to keep the premises safe or to give warning of certain hazardous
conditions, and do not incur liability for certain injuries that may occur on
the premises in certain circumstances. Section 4 of this bill requires
that an operator who has an ongoing reclamation plan on file with the Division
before October 1, 2013, and whose mining operation or exploration project
resulted in or included a pit lake provide, on or before July 1, 2014, if
feasible, and subject to the right of the landowner to determine the final and
ultimate use of the premises, for at least one point of public nonmotorized
access to the pit lake as required in section 3.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Sections 1 and 2. (Deleted
by amendment.)

Sec. 3. NRS
519A.230 is hereby amended to read as follows:

519A.230 1. A plan for
reclamation must provide:

(a) That reclamation activities, particularly
those relating to the control of erosion, must be conducted simultaneously with
the mining operation to the extent practicable, and otherwise must be initiated
promptly upon the completion or abandonment of the mining operation in any area
that will not be subject to further disturbance. Reclamation activities must be
completed within the time set by the regulations adopted by the Commission
pursuant to NRS 519A.160.

(b) For vegetative cover if appropriate to the
future use of the land.

(c) For the reclamation of all land disturbed by
the exploration project or mining operation to a stability comparable to that
of adjacent areas.

2. The operator may request the Division
to grant an exception for open pits and rock faces which may not be feasible to
reclaim. If an exception is granted, other than for a pit lake for which public access is
provided in a plan for reclamation pursuant to subsection 3, the
Division shall require the operator to take sufficient measures to ensure
public safety.

3. Except as otherwise provided in this subsection, for a pit lake that will have a predicted
filled surface area of more than 200 acres, a plan for reclamation must
provide, in consultation with the operator and each landowner, including any
federal land manager, and, if feasible, for at least one point of public
nonmotorized access to the water level of the pit lake when the pit in which
the pit lake is located reaches at least 90 percent of its predicted maximum
capacity. This subsection:

(a) Must
not be construed to impede the ability of any landowner, including any federal
land manager, of any premises on which a pit lake is located to determine the
final and ultimate use of those premises;

(b) Does
not require any landowner, including any federal land manager, who is consulted
pursuant to this subsection to agree to allow access to any pit lake; and

(c) Does
not alter any contract or agreement entered into before October 1, 2013,
between an operator and a landowner, including any federal land manager.

4. A
protected person with respect to any premises for which public access to a pit
lake is provided in a plan for reclamation pursuant to subsection 3 owes no
duty to keep the premises, including, without limitation, the access area and
the pit lake and its surroundings, safe for entry or use by any other person
for participation in any activity, or to give a warning of any hazardous
condition, activity or use of the premises to any person entering the premises.

5. If
a protected person gives permission to another person to access or engage in
any activity with respect to any premises specified in subsection 4, the
protected person does not thereby extend any assurance that the premises are
safe for that activity or any other purpose or assume responsibility for or
incur any liability for any injury to any person or property caused by any act
of a person to whom the permission is granted.

The provisions
of this subsection do not confer any liability upon a protected person for any
injury to any other person or property, whether actual or implied, or create a
duty of care or ground of liability for any injury to any person or property.

6. Except
in the case of an emergency, an operator shall not depart from an approved plan
for reclamation without prior written approval from the Division.

[4.]7. Reclamation
activities must be economically and technologically practicable in
achieving a safe and stable condition suitable for the use of the land.

8. As
used in this section:

(a) Pit
lake means a body of water that has resulted, after the completion of an
exploration project or mining operation, from an open pit that has penetrated the
water table of the area in which the pit is located.

(b) Protected
person means any past or present:

(1) Owner
of any estate or interest in any premises for which public access to a pit lake
is provided in a plan for reclamation pursuant to subsection 3;

(2) Operator
of all or any part of the premises, including, without limitation, any entity
that has conducted or is conducting a mining operation or any reclamation
activity with respect to the premises;

(3) Lessee
or occupant of all or any part of the premises; or

(4) Contractor,
subcontractor, employee or agent of any such owner, operator, lessee or
occupant.

Sec. 4. 1. On or
before July 1, 2014, a plan for reclamation of an exploration project or mining
operation filed with the Division of Environmental Protection of the State
Department of Conservation and Natural Resources before October 1, 2013, that
includes a pit lake having a filled surface area of more than 200 acres must
provide, in consultation with the operator of the exploration project or mining
operation and each landowner, including any federal land manager, and, if
feasible, for at least one point of public nonmotorized access to the water
level of the pit lake when the pit in which the pit lake is located reaches at
least 90 percent of its predicted maximum capacity. If it is determined that
such access is warranted, the plan for reclamation may be amended and refiled.
This subsection:

(a) Must not be construed to impede the ability of any
landowner, including any federal land manager, of any premises on which a pit
lake is located to determine the final and ultimate use of those premises;

(b) Does not require any landowner, including any
federal land manager, who is consulted pursuant to this subsection to agree to
allow access to any pit lake; and

(c) Does not alter any contract or agreement entered
into before October 1, 2013, between an operator and a landowner, including any
federal land manager.

2. As used in this section, pit lake has the
meaning ascribed to it in subsection 8 of NRS 519A.230, as amended by section 3
of this act.

AN ACT relating to
foster care; establishing certain requirements for the operation of a foster
care agency; requiring a foster care agency to create and maintain reports on
its programs and services; allowing a foster care agency to encourage and
assist a potential foster home to apply for a license; requiring a contract
between a foster care agency and a provider of foster care with which the
foster care agency places a child; requiring a foster care agency to provide
certain services to each foster home in which the foster care agency places
children; providing for the operation of independent living foster homes; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law,
the Division of Child and Family Services of the Department of Health and Human
Services is required to adopt regulations relating to the licensure and
operation of foster homes and foster care agencies. (NRS 424.020, 424.093) Sections
4-6 of this bill establish certain requirements for the governance of a
foster care agency. Sections 8-14 of this bill establish certain
requirements for owners, members of the governing body, employees, paid
consultants, contractors, volunteers and vendors of a foster care agency. Section
15 of this bill requires a foster care agency to create and maintain an
annual report on each program or service the agency provides. Section 16
of this bill allows a foster care agency to identify potential foster homes and
encourage a potential foster home to apply for licensure. Section 17 of
this bill requires a foster care agency to coordinate the submission of
applications for licensure as a foster home to the licensing authority and to
conduct a home study of each applicant. Section 18 of this bill requires
a foster care agency to execute a contract containing certain provisions with
each provider of foster care with whom the foster care agency places a child
and to make each such contract available to the licensing authority upon
request. Sections 19 and 20 of this bill require a foster care agency
which places children in a specialized foster home or an independent living
foster home to develop and implement certain provisions relating to the care
the foster home provides. Section 21 of this bill requires a foster care
agency to provide support to and to review and evaluate its contracted foster
homes. Sections 22 and 23 of this bill require a foster care agency to
make crisis intervention available to its contracted foster homes and to report
certain potential violations to the licensing authority. Section 24 of
this bill: (1) prohibits a foster care agency from accepting certain children
for placement in certain circumstances; and (2) requires a foster care agency
to give priority to assisting with the placement of children from an agency
which provides child welfare services or a juvenile court. Section 25 of
this bill requires a foster care agency to monitor and evaluate its programs
and services and implement any necessary improvements to its programs and
services revealed by its evaluations.

Section 35 of this bill prohibits a foster home
from accepting a child placed by a juvenile court without the approval of the
licensing authority. Section 35 also requires a specialized foster home
or a group foster home to maintain a policy of general liability insurance. Section
36 of this bill revises the crimes that preclude a person from being
employed by or being a resident of a foster home. Section 44 of this bill
allows a licensing authority to release certain information at the request of a
provider of foster care.

Sections 2, 34, 35, 38, 41, 42, 48, 50 and 54 of
this bill provide for the licensing and regulation of independent living foster
homes.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
424 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 26, inclusive, of this act.

Sec. 2. Independent living foster home means a foster home which
provides assistance with the transition to independent living for children who
have entered into an agreement to transition to independent living and for
children who:

1. Are
at least 16 years of age but less than 18 years of age or who remain under the
jurisdiction of a court pursuant to NRS 432B.594;

2. Are
not related within the first degree of consanguinity or affinity to any natural
person maintaining or operating the home; and

3. Are
received, cared for and maintained for compensation or otherwise, including the
provision of free care.

Sec. 3. Juvenile court has the meaning ascribed to it in NRS
62A.180.

Sec. 4. 1. A foster care agency must:

(a) Be
organized as a business entity that is registered with the Secretary of State
and holds a valid state business license pursuant to chapter 76 of NRS;

(b) Have
a governing body, at least one member of which has knowledge of and experience
in the programs and services offered by the foster care agency; and

(c) Operate
under articles of incorporation.

2. The
governing body of a foster care agency must have a written constitution or
bylaws which prescribe the responsibility for the operation and maintenance of
the foster care agency and which must include, without limitation, provisions
that:

(a) Define
the qualifications for and types of membership on the governing body;

(b) Specify
the process for selecting members of the governing body, the terms of office
for the members and officers of the governing body and orientation for new
members of the governing body;

(c) Specify
how frequently the governing body must meet; and

(d) Specify
prohibited conflicts of interest of members of the governing body and
employees, volunteers and independent contractors of the foster care agency.

3. The
governing body of a foster care agency shall appoint a person to provide
oversight of the foster care agency who meets the qualifications described in
section 8 of this act.

4. If
the foster care agency is organized in another state, the governing body must
meet at least once each year within this State or have a subcommittee whose
members are residents of this State, one of whom is a member of the governing
body, which is responsible to the governing body for ensuring that the foster
care agency complies with the provisions of this chapter and any regulations
adopted pursuant thereto.

Sec. 5. The governing body of a foster care agency must be
responsible for:

1. Ensuring
that the foster care agency is and remains fiscally sound;

2. Overseeing
the management and operations of the programs and services offered by the
foster care agency;

3. Ensuring
that the foster care agency remains in compliance with the rules and policies
of the governing body; and

4. Ensuring
that the foster care agency complies with the provisions of this chapter and
any regulations adopted pursuant thereto.

Sec. 6. The governing body shall submit annually to the licensing
authority or its designee:

1. The
name, address, contact information, position held on the governing body and any
other information required by the licensing authority of each member of the
governing body;

2. A
copy of the articles of incorporation, constitution and bylaws of the foster
care agency;

3. Evidence
satisfactory to the licensing authority that the foster care agency has the
ability to financially support and sustain its activities, which may include,
without limitation, financial statements and budgets;

4. A
report from an independent auditor of the complete financial information for
the foster care agency for the immediately preceding fiscal year;

5. A
statement of purpose; and

6. An
organizational chart or other chart that sets forth the structure of the foster
care agency which includes, without limitation, a job description for each
position listed in the chart.

Sec. 7. (Deleted by amendment.)

Sec. 8. 1. The person appointed to provide oversight of
a foster care agency by the governing body of the foster care agency pursuant to
section 4 of this act must have:

(a) A
bachelors degree or more advanced degree from an accredited college or
university; and

(b) At
least 7 years of experience in an agency or program which provides social
services, including at least 3 years of experience as an administrator,
supervisor or consultant.

2. The
person appointed to provide oversight of a foster care agency is responsible
for the day-to-day operations of the foster care agency, including, without
limitation, employing such staff as he or she deems necessary to provide
administrative services and services to families and children. The staff may
include, without limitation:

(a) Program
supervisors who are responsible for the supervision of members of the staff and
activities relating to foster care and for assisting in formulating and
carrying out the policies and programs of the foster care agency. Each program
supervisor must havea
bachelors degree or more advanced degree from an accredited college or
university and at least 3 years of experience in providing services to children
and their families, including at least 1 year of experience as an administrator
or supervisor.

(b) Caseworkers
who support the operations of the foster care agency, including, without
limitation, to work with children and families, perform home studies, support
service plans for individualized cases and treatments, prepare and maintain
records and coordinate services for children and families. Each caseworker must
have:

(1) A
bachelors degree from an accredited college or university in the field of
social work or a field related to social work, which may include, without
limitation, psychology, sociology, education or counseling; or

(2) A
bachelors degree from an accredited college or university in any field and at
least 2 years of experience in providing services to children and their
families.

2. If
the foster care agency accepts volunteers pursuant to subsection 1, the foster
care agency must have a written plan for the selection, training, supervision
and assignment of volunteers, and each volunteer who performs an activity that
would otherwise be performed by a member of the staff must meet the same
qualifications that would be required for the member of the staff.

Sec. 10. 1. The foster care agency shall develop and
carry out a written plan for the orientation, training, supervision and
evaluation of members of the staff.

2. The
orientation must include, without limitation, information on the policies and
procedures of the foster care agency, goals for the programs and services of
the foster care agency, the responsibilities of members of the staff and the
provisions of this chapter and the regulations adopted pursuant to thereto that
relate to licensing. The training must include, without limitation, any
training required by the licensing authority. Each member of the staff must be
evaluated at least once each year.

3. The
foster care agency shall maintain comprehensive written policies and procedures
for the personnel, services and programs of the foster care agency and make the
policies and procedures readily available to the members of the staff and to
the licensing authority.

4. The
foster care agency shall maintain comprehensive records for personnel that,
upon request, must be made available to the licensing authority.

Sec. 11. 1. The licensing authority or a person
designated by the licensing authority shall obtain from appropriate law
enforcement agencies information on the background and personal history of each
applicant for or holder of a license to conduct a foster care agency and each
owner, member of the governing body, employee, paid consultant, contractor,
volunteer or vendor of that applicant or licenseewho may come into direct contact with a
child placed by the foster care agency, to determine whether the person
investigated has been arrested for, has charges pending for or has been
convicted of:

(a) Murder,
voluntary manslaughter or mayhem;

(b) Any
other felony involving the use or threatened use of force or violence against
the victim or the use of a firearm or other deadly weapon;

(c) Assault
with intent to kill or to commit sexual assault or mayhem;

(f) A
violation of any federal or state law regulating the possession, distribution
or use of any controlled substance or any dangerous drug as defined in chapter
454 of NRS;

(g) Abuse,
neglect, exploitation or isolation of older persons or vulnerable persons,
including, without limitation, a violation of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that prohibits the
same or similar conduct;

(i) Any
offense relating to pornography involving minors, including, without
limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive,
or a law of any other jurisdiction that prohibits the same or similar conduct;

(j) Prostitution,
solicitation, lewdness or indecent exposure, or any other sexually related
crime that is punishable as a misdemeanor, within the immediately preceding 7
years;

(k) A
crime involving domestic violence that is punishable as a felony;

(l) A
crime involving domestic violence that is punishable as a misdemeanor, within
the immediately preceding 7 years;

(m) A
criminal offense under the laws governing Medicaid or Medicare, within the
immediately preceding 7 years;

(n) Any
offense involving the sale, furnishing, purchase, consumption or possession of
alcoholic beverages by a minor, including, without limitation, a violation of
any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under
the influence of alcohol or a controlled substance in violation of chapter 484C
of NRS or a law of any other jurisdiction that prohibits the same or similar
conduct, within the immediately preceding 7 years; or

(o) An
attempt or conspiracy to commit any of the offenses listed in this subsection
within the immediately preceding 7 years.

2. Unless
a preliminary Federal Bureau of Investigation Interstate Identification Index
name-based check of the records of criminal history has been conducted pursuant
to NRS 424.039, a person who is required to submit to an investigation pursuant
to this section shall not have contact with a child in a foster home without
supervision before the investigation of the background and personal history of
the person is completed.

3. The
licensing authority or its designee shall conduct an investigation of each
holder of a license to conduct a foster care agency and each owner, member of a
governing body, employee, paid consultant, contractor, volunteer or vendor who
may come into direct contact with a child placed by the foster care agency
pursuant to this section at least once every 5 years after the initial
investigation.

Sec. 12. 1. Each applicant for or holder of a license to
conduct a foster care agency, and each owner, member of the governing body,
employee, paid consultant, contractor, volunteer or vendor of that applicant or
licenseewho may
come into direct contact with a child placed by the foster care agency, must
submit to the licensing authority or its approved designee:

(a) A
complete set of fingerprints and written permission authorizing the licensing
authority or its approved designee to forward those fingerprints to the Central
Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report to enable
the licensing authority or its approved designee to conduct an investigation
pursuant to section 11 of this act; and

History for
submission to the Federal Bureau of Investigation for its report to enable the
licensing authority or its approved designee to conduct an investigation
pursuant to section 11 of this act; and

(b) Written
permission to conduct a child abuse and neglect screening.

2. For
each person who submits the documentation required pursuant to subsection 1,
the licensing authority or its approved designee shall conduct a child abuse
and neglect screening of the person in every state in which the person has
resided during the immediately preceding 5 years.

3. The
licensing authority or its approved designee may exchange with the Central
Repository or the Federal Bureau of Investigation any information respecting
the fingerprints submitted.

4. When
a report from the Federal Bureau of Investigation is received by the Central
Repository, it shall immediately forward a copy of the report to the licensing
authority or its approved designee.

5. Upon
receiving a report pursuant to this section, the licensing authority or its
approved designee shall determine whether the person has been arrested for, has
charges pending for or has been convicted of a crime listed in section 11 of
this act.

6. The
licensing authority shall immediately inform the foster care agency whether an
owner, member of the governing body, employee, paid consultant, contractor,
volunteer or vendor of the foster care agency who may come into direct contact
with a child placed by the foster care agency has been arrested for, has
charges pending for or has been convicted of a crime listed in section 11 of
this act.

Sec. 13. 1. Upon receiving information from the
licensing authority or its approved designee pursuant to section 12 of this act
or evidence from any other source that an owner, member of the governing body,
employee, consultant, contractor, volunteer or vendor of a foster care agency
who may come into direct contact with a child placed by the foster care agency
has been arrested for, has charges pending for or has been convicted of a crime
listed in section 11 of this act, the foster care agency shall terminate the
employment, contract or volunteer activities of the person after allowing the
person time to correct the information as required pursuant to subsection 2.

2. If
a person believes that the information provided about him or her pursuant to
subsection 1 is incorrect, the person must inform the foster care agency
immediately. A foster care agency that is so informed shall give the person 30
days to correct the information.

3. During
the period in which a person seeks to correct information pursuant to
subsection 2, it is within the discretion of the foster care agency whether to
allow the person to continue to be associated with the foster care agency,
except that the person must not have contact with a child in any foster home
without supervision during any such period.

Sec. 14. A member of the governing body, employee, consultant,
contractor, volunteer or vendor of a foster care agency may not:

1. Be
a provider of foster care who has a contract with the foster care agency for
the placement of childrenunless approved by the licensing authority; or

2. Be
a biological parent of a child in the custody of an agency which provides child
welfare services or of a child placed by a juvenile court in a foster home
operated by the foster care agency.

Sec. 15. 1. A foster care agency shall create and
maintain an annual report concerning each program or service provided by the
foster care agency.

2. The
report must include, without limitation, a description of each program or
service provided by the foster care agency, the goals for the program or
service relating to family foster homes, specialized foster homes, independent
living foster homes and group foster homes and information relating to any
special populations of children served, including, without limitation, children
who require special care for physical, mental or emotional issues or who were
placed in a foster home by a juvenile court.

Sec. 16. 1. A foster care agency may identify potential
foster homes and encourage a potential foster home to apply to the licensing
authority for a license to conduct a foster home.

2. A
foster care agency shall ensure that each person with whom it contracts as a
provider of foster care receives any training required by the provisions of
this chapter or by the licensing authority, including, without limitation,
specific training to meet the needs of a population that requires specific
services.

Sec. 17. 1. A foster care agency shall coordinate the
submission of applications for the licensing of prospective foster homes with
the licensing authority.

2. A
foster care agency shall conduct a fair and impartial investigation of the home
and standards of care for each prospective foster home.

3. Upon
receiving a completed application for a prospective foster home from a foster
care agency, the licensing authority must review the qualifications of the
prospective foster home to be licensed pursuant to NRS 424.030.

4. The
licensing authority may provide any training it determines to be necessary to a
foster care agency for the foster care agency to fulfill the provisions of this
section.

Sec. 18. 1. A foster care agency may not assist an
agency which provides child welfare services or a juvenile court in the
placement of a child in foster care unless a contract exists between the foster
care agency and the provider of foster care for the placement of children. Such
a contract must include, without limitation, provisions that:

(a) Allow
the provider of foster care to change its affiliation with the foster care
agency or to terminate its affiliation with the foster care agency and become
affiliated with a different foster care agency.

(b) Specify
the type of foster home and related services that the provider of foster care
will provide on behalf of the foster care agency, including, without
limitation, the services that each party agrees to provide for foster children,
biological families and foster families.

(c) Specify
the financial responsibilities of each party, including, without limitation,
payment for both foster care and for any other expenses or services rendered,
including, without limitation, providing clothing for children in its care.

(d) Waive
the right of the provider of foster care to confidentiality relating to any
investigations for licensing or child protective services and allow the agency
which provides child welfare services and the licensing authority to share any related information about an
investigation with the foster care agency after the investigation is completed.

authority to share
any related information about an investigation with the foster care agencyafter the investigation is
completed.

(e) State
how emergencies which occur during and outside regular business hours will be
handled.

(f) Require
arrangements to be made for foster children to have visitation with their
biological families.

(g) Describe
expectations which ensure that children will receive appropriate medical,
dental, mental health, psychological and psychiatric treatment, including,
without limitation, how transportation will be provided.

(h) Require
the provider of foster care to adhere to the provisions of this chapter and the
regulations adopted pursuant thereto relating to licensing.

(i) State
that the parties agree that the licensing authority maintains the
responsibility to protect the best interests of each child, which may include
removing a child from the placement with the provider of foster care if the
licensing authority determines that removal is in the best interests of the
child.

(j) Include
the acknowledgment by the parties of any provisions determined to be
appropriate by the licensing authority.

2. The
foster care agency, upon request, shall make each such contract available to
the licensing authority within a reasonable period after receiving its request.

Sec. 19. 1. A foster care agency which places children
in a specialized foster home shall develop and carry out written policies and
procedures relating to children placed in specialized foster homes which must
include, without limitation:

(a) The
service and treatment philosophy of the foster care agency for children with
physical, mental or emotional issues and children who are placed in a
specialized foster home by a juvenile court;

(b) Specific
treatment techniques that the foster care agency plans to approve for use with
children described in paragraph (a) and their families;

(c) Specific
strategies for behavior management that the foster care agency will allow
providers of foster care to use with children described in paragraph (a); and

(d) Adequate
staffing to provide the intensity of services required when caring for children
described in paragraph (a).

2. A
foster care agency shall require a provider of foster care to serve as an
active participant in the treatment or care plan of a child who is placed in a
specialized foster home. The foster care agency shall:

(a) Provide
services to support the provider of foster care in reducing barriers in caring
for and supporting any children placed in a specialized foster home;

(b) Arrange
or provide support for the provider of foster care to arrange for the child to
receive appropriate clinical services, including, without limitation,
psychiatric, psychological and medication management services; and

(c) Ensure
cooperation between the employees of the foster care agency, the provider of
foster care, the child and the biological family of the child in meeting the
goals of the childs treatment plan.

3. A
foster care agency which places children in a specialized foster home shall
have a written plan for alternative care in the event of an emergency if the
placement of the child into a specialized foster home disrupts that specialized
foster home.

Sec. 20. 1. A foster care agency which places children
in an independent living foster home shall develop and implement written
policies and procedures relating to children placed in independent living
foster homes which must include, without limitation:

(a) A
process for ensuring that a potential location for an independent living
arrangement meets any standards required by the licensing authority and is
evaluated on a regular basis to ensure that it continues to meet such
standards;

(b) A
procedure for approving a location for an independent living arrangement;

(c) Criteria
and procedures for intake and admission into the independent living foster home
and discharge from the independent living foster home, including, without
limitation, procedures to ensure that the child will be discharged into the
care of his or her legal guardian if he or she is less than 18 years of age at
the time of his or her discharge;

(d) The
conditions under which a child may be discharged from the independent living
foster home, including, without limitation, criteria and procedures for
implementing an emergency discharge of the child;

(e) Criteria
and procedures for terminating the approval of a location for an independent
living arrangement;

(f) A
detailed plan for determining and maintaining the supervision and visitation of
each child after he or she has been placed in a location for an independent
living arrangement; and

(g) The
types of services that the provider of foster care will obtain or provide to
meet the needs of the child during the placement.

2. A
foster care agency which places children in an independent living foster home
shall coordinate with the provider of foster care to:

(a) Ensure
that each child is enrolled in academic, vocational education or career and
technical education services appropriate to meet the needs of the child;

(b) Monitor
the educational progress of each child as often as necessary;

(d) Evaluate
the needs of each child for financial assistance upon intake and monthly
thereafter or more often if necessary;

(e) Provide
the resources to meet the basic needs of each child, including, without
limitation, clothing, food and shelter;

(f) Provide
assistance to each child in locating, securing and maintaining employment;

(g) Provide
training in life skills to meet the needs of each child;

(h) Support
each child who remains under the jurisdiction of a court pursuant to NRS
432B.594; and

(i) Obtain
and provide a system for responding to a crisis that is accessible to the child
24 hours a day, 7 days a week, including holidays, and provide training to each
child on how to access and use the system.

3. A
foster care agency which places children in an independent living foster home
shall provide an orientation and training to each child admitted to its program
for independent living.

Sec. 21. 1. A foster care agency shall provide support
to each foster home with which the foster care agency has a contract for the
placement of children in arranging for and accessing medical, dental, mental
health, psychological and psychiatric treatment for children. The foster care
agency shall ensure that each child placed in a foster home with which the
foster care agency has a contract for the placement of children receives
appropriate treatment and may exercise any rights granted pursuant to this
chapter or chapter 432B of NRS that are necessary to discharge this duty. The
foster care agency shall ensure that the provider of foster care provides
medical records and any related documentation to the licensing authority or its
designee.

2. A
foster care agency shall ensure that each child in its care has his or her own
supply of clothing appropriate for indoors and outdoors that is in good
condition and suitable for the season.

3. When
a foster home with which the foster care agency has a contract for the
placement of children does not have any children placed in the home, the foster
care agency must visit the home at least once every 60 days to review whether
it remains in compliance with the requirements of this chapter and any
regulations adopted pursuant thereto and, when necessary, notify the licensing
authority of any potential violations.

4. In
addition to any other review that a foster care agency performs of a foster
home with which the foster care agency has a contract for the placement of
children, a foster care agency shall conduct a review of the foster home any
time a critical event occurs in that home and report the event to the licensing
authority. As used in this subsection, critical event includes, without
limitation:

(a) The
death or disability of a family member;

(b) The
sudden onset of a health condition that may impair the ability of a provider of
foster care to care for the child;

(c) A
change in marital status;

(d) A
change in home address;

(e) A
sudden or substantial loss of income; and

(f) The
birth of a child.

5. A
foster care agency shall conduct an evaluation of each foster home with which
the foster care agency has a contract for the placement of children at least
once each year and submit the results of the evaluation to the licensing
authority or its designee. The evaluation must include:

(a) An
interview with the provider of foster care and an assessment of the ability of
the provider of foster care to relate to children, to help children reach their
personal and educational goals, to work with children with particular issues
and needs, to establish and maintain a consistent and stable environment with
children and to work with biological families to support reunificationto the extent that reunification
is determined to be consistent with the plan for the permanent placement of the
child pursuant to NRS 432B.393.

(b) An
interview with each child placed in the foster home that includes a description
of the relationship between each child placed in the foster home and each
family member; and

(c) A
detailed review of each instance where a child was placed in the foster home
and subsequently removed from the home and a description of the reasons for the
removal.

Sec. 22. 1. A foster care agency shall provide crisis
intervention and assistance 24 hours a day, 7 days a week, including holidays,
to each foster home with which the foster care agency has a contract for the
placement of children.

2. Employees
of the foster care agency who provide crisis intervention and assistance must
be trained in and competent to handle a crisis situation and to provide
necessary services to children and families to ensure child safety, permanency
and well-being. The foster care agency shall train and encourage each provider
of foster care to use techniques to support positive behavior that emphasize
principles and methods to help children achieve desired behavior in a
constructive and safe manner.

Sec. 23. 1. A provider of foster care shall not use
physical restraint on a child placed with the providerunless the child presents an imminent
threat of danger of harm to himself or herself or others.

2. A
foster care agency shall notify the licensing authority or its designee when
any serious incident, accident or injury occurs to a child in its care within
24 hours after the incident, accident or injury. The foster care agency shall
provide a written report to the licensing authority or its designee as soon as
practicable after notifying the licensing authority or its designee. The
written report must include, without limitation, the date and time of the
incident, accident or injury, any action taken as a result of the incident,
accident or injury, the name of the employee of the foster care agency who
completed the written report and the name of the employee of the licensing
authority or its designee who was notified.

3. A
foster care agency shall report any potential violation of the provisions of
this chapter or any regulations adopted pursuant thereto relating to licensing
to the licensing authority within 24 hours after an employee of the foster care
agency becomes aware of the potential violation. A foster care agency shall
cooperate with the licensing authority in its review of such reports and
support each foster home with which the foster care agency has a contract for
the placement of children in completing any action required to correct a
violation.

4. A
foster care agency shall fully comply with any investigation of a report of the
abuse or neglect of a child pursuant to NRS 432B.220.

Sec. 24. 1. A foster care agency shall notify the
licensing authority before the foster care agency authorizes the placement of a
child who is not being placed through the licensing authorityor a juvenile court.

2. A
foster care agency may not agree to place a child who is relocating from
another state unless the foster care agency first consults the licensing authority
to determine whether the provisions of the Interstate Compact on the Placement
of Children pursuant to NRS 127.320 to 127.350, inclusive, or the Interstate
Compact for Juveniles pursuant to NRS 62I.015 apply. If the licensing authority
determines that the provisions of either Compact apply, the foster care agency
may not agree to place the child unless the placement would not violate the
provisions of the Compact.

3. A
foster care agency shall give priority to assisting with the placement of a
child by an agency which provides child welfare services or a juvenile court.

Sec. 25. 1. Each foster care agency shall develop and
carry out a written plan to monitor and evaluate the quality and effectiveness
of its programs and services on a systemic and ongoing basis.

2. The
written plan must describe the methods for the collection, summarization and
analysis of data and information and include factors defined by the licensing
authority for assessing the effectiveness of the programs and services
provided.

3. If
the findings of an evaluation suggest that improvements to its programs and
services should be made, the foster care agency shall implement any necessary
improvements.

Sec. 26. (Deleted by amendment.)

Sec. 27. NRS
424.010 is hereby amended to read as follows:

424.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 424.012 to
424.018, inclusive, and sections 2
and 3 of this act have the meanings ascribed to them in those
sections.

Sec. 28. NRS
424.013 is hereby amended to read as follows:

424.013 Family foster home means a
family home in which one to six children who are under 18 years of age or who
remain under the jurisdiction of a court pursuant to NRS 432B.594 and who are
not related within the first degree of consanguinity or affinity to the person
or persons maintaining the home are received, cared for and maintained, for
compensation or otherwise, including the provision of [permanent]
free care. The term includes a family home in which such a child is received,
cared for and maintained pending completion of proceedings for the adoption of
the child by the person or persons maintaining the home.

Sec. 29. NRS
424.0135 is hereby amended to read as follows:

424.0135 Foster care agency means a [nonprofit
corporation, for-profit corporation or sole proprietorship]business entity that
[assists]recruits and enters into contracts with foster homes to assist
an agency which provides child welfare services and juvenile courts in the
placement of children in such foster
[care.] homes.

Sec. 30. NRS
424.014 is hereby amended to read as follows:

424.014 Foster home means a home that receives, nurtures, supervises and ensures
routine educational services and medical, dental and mental health treatment
for children. The term includes a family foster home, specialized
foster home , independent living
foster home and group foster home.

Sec. 31. NRS
424.015 is hereby amended to read as follows:

424.015 Group foster home means a [natural
person, partnership, firm, corporation or association who]foster home which provides
full-time care and services for
7 to 15 children who are:

1. Under 18 years of age or who remain
under the jurisdiction of a court pursuant to NRS 432B.594;

2. Not related within the first degree of
consanguinity or affinity to any natural person maintaining or operating the
home; and

3. Received, cared for and maintained for
compensation or otherwise, including the provision of [permanent]
free care.

Sec. 32. NRS
424.017 is hereby amended to read as follows:

424.017 Provider of [family]
foster care means a person who is licensed to conduct a [family]
foster home pursuant to NRS 424.030.

(b) Prescribe rules for the regulation of family
foster homes, specialized foster homes , independent living foster homes and group
foster homes.

3. All family foster homes, specialized
foster homes , independent living
foster homes and group foster homes licensed pursuant to this
chapter must conform to the standards established and the rules prescribed in
subsection 2.

Sec. 35. NRS
424.030 is hereby amended to read as follows:

424.030 1. No person may
conduct a family foster home, a specialized foster home , an independent living foster home or a group
foster home without receiving a license to do so from the licensing authority.

2. No license may be issued to a family
foster home, a specialized foster home , an independent living foster home or a group
foster home until a fair and impartial investigation of the home and its
standards of care has been made by the licensing authority or its designee.

3. Any family foster home, specialized
foster home , independent living
foster home or group foster home that conforms to the established
standards of care and prescribed rules must receive a regular license from the
licensing authority, which may be in force for 2 years after the date of
issuance. On reconsideration of the standards maintained, the license may be
renewed upon expiration.

4. If a family foster home, a specialized
foster home , an independent
living foster home or a group foster home does not meet minimum
licensing standards but offers values and advantages to a particular child or
children and will not jeopardize the health and safety of the child or children
placed therein, the family foster home, specialized foster home , independent living foster home or
group foster home may be issued a special license, which must
be in force for 1 year after the date of issuance and may be renewed annually.

must be in force for 1 year after the date of issuance and
may be renewed annually. No foster children other than those specified on the
license may be cared for in the home.

5. A family foster home, a specialized foster home, an
independent living foster home or a group foster home may not accept the
placement of a child by a juvenile court unless licensed by the licensing
authority to accept children placed by a juvenile court or otherwise approved
to accept the placement by the licensing authority. A foster home that accepts
the placement of such a child shall work cooperatively with the juvenile court,
the licensing authority, any other children placed in the foster home and the
legal guardian or other person or agency with legal authority over the child to
ensure the safety of all children placed in the foster home. Nothing in this
subsection shall be construed to allow the placement of a child that would
otherwise be prohibited by subsection 7 of NRS 432B.390.

6. A
license must not be issued to a specialized foster home or a group foster home
unless the specialized foster home or group foster home maintains a policy of
general liability insurance in an amount determined to be sufficient by the
licensing authority.

7. The
license must show:

(a) The name of the persons licensed to conduct
the family foster home, specialized foster home , independent living foster home or group
foster home.

(b) The exact location of the family foster home,
specialized foster home ,
independent living foster home or group foster home.

(c) The number of children that may be received
and cared for at one time.

(d) If the license is a special license issued
pursuant to subsection 4, the name of the child or children for whom the family
foster home, specialized foster home , independent living foster home or group
foster home is licensed to provide care.

[6.](e) Whether the family foster home, specialized foster
home, independent living foster home or group foster home is approved to
receive and care for children placed by a juvenile court.

8. No
family foster home, specialized foster home , independent living foster home or group
foster home may receive for care more children than are specified in the
license.

[7.]9. In consultation with each
licensing authority in a county whose population is 100,000 or more, the
Division may adopt regulations regarding the issuance of [provisional and]
special licenses.

Sec. 36. NRS
424.031 is hereby amended to read as follows:

424.031 1. The licensing
authority or a person or entity designated by the licensing authority shall
obtain from appropriate law enforcement agencies information on the background
and personal history of each applicant for a license to conduct a foster home,
person who is licensed to conduct a foster home, employee of that applicant or
licensee, and resident of a foster home who is 18 years of age or older, other
than a resident who remains under the jurisdiction of a court pursuant to NRS
432B.594, to determine whether the person investigated has been arrested for , has charges pending for
or has been convicted
of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any other felony involving the use or threatened use of force or violence
against the victim or the use of a firearm or other deadly
weapon;

(f) A violation of any federal or state law
regulating the possession, distribution or use of any controlled substance or
any dangerous drug as defined in chapter 454 of NRS;

(g) Abuse, neglect, exploitation or isolation of
older persons or vulnerable persons, including, without limitation, a violation
of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other
jurisdiction that prohibits the same or similar conduct; [or]

(i) Any
offense relating to pornography involving minors, including, without
limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive,
or a law of any other jurisdiction that prohibits the same or similar conduct;

(j) Prostitution,
solicitation, lewdness or indecent exposure, or any other sexually related
crime that is punishable as a misdemeanor, within the immediately preceding 7
years;

(k) A
crime involving domestic violence that is punishable as a felony;

(l) A
crime involving domestic violence that is punishable as a misdemeanor, within
the immediately preceding 7 years;

(m) A
criminal offense under the laws governing Medicaid or Medicare, within the
immediately preceding 7 years;

(n) Any
offense involving the sale, furnishing, purchase, consumption or possession of
alcoholic beverages by a minor including, without limitation, a violation of
any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under
the influence of alcohol or a controlled substance in violation of chapter 484C
of NRS or a law of any other jurisdiction that prohibits the same or similar
conduct, within the immediately preceding 7 years; or

(o) An
attempt or conspiracy to commit any of the offenses listed in this subsection
within the immediately preceding 7 years.

2. The licensing authority or its approved
designee may charge each person investigated pursuant to this section for the
reasonable cost of that investigation.

3. Unless a preliminary Federal Bureau of
Investigation Interstate Identification Index name-based check of the records
of criminal history has been conducted pursuant to NRS 424.039, a person who is
required to submit to an investigation pursuant to this section shall not have
contact with a child in a foster home without supervision before the
investigation of the background and personal history of the person has been
conducted.

4. The licensing authority or its designee
shall conduct an investigation of each licensee, employee and resident pursuant to
this section at least once every 5 years after the initial investigation.

Sec. 37. NRS
424.036 is hereby amended to read as follows:

424.036 Before issuing a license to conduct
a [family] foster home pursuant to NRS
424.030, the licensing authority shall discuss with the applicant and, to the
extent possible, ensure that the applicant understands:

1. The role of a provider of [family]
foster care, the licensing authority and the members of the immediate family of
a child placed in a [family] foster home; and

2. The personal skills which are required
of a provider of [family] foster care and the other
residents of a [family] foster home to provide effective
foster care.

Sec. 38. NRS
424.0365 is hereby amended to read as follows:

424.0365 1. A licensee that
operates a family foster home, a specialized
foster home , an independent
living foster home or a group foster home shall ensure that each
employee who comes into direct contact with children in the home receives
training within 30 days after employment and annually thereafter. Such training
must include, without limitation, instruction concerning:

(a) Controlling the behavior of children;

(b) Policies and procedures concerning the use of
force and restraint on children;

(c) The rights of children in the home;

(d) Suicide awareness and prevention;

(e) The administration of medication to children;

(f) Applicable state and federal constitutional
and statutory rights of children in the home;

(g) Policies and procedures concerning other
matters affecting the health, welfare, safety and civil and other rights of
children in the home; and

(h) Such other matters as required by the
licensing authority or pursuant to regulations of the Division.

2. The Division shall adopt regulations
necessary to carry out the provisions of this section.

Sec. 39. NRS
424.037 is hereby amended to read as follows:

424.037 1. Before placing a
child with a provider of [family] foster care, the licensing
authority shall inform the provider of the plans, if any, which the licensing
authority has developed relating to the provision of care required for that
child. If the plan for the child changes, the licensing authority shall inform
the provider of [family] foster care of the changes and
the reasons for those changes.

2. The licensing authority shall consult
with a provider of [family] foster care concerning the care
to be provided to a child placed with the provider, including appropriate
disciplinary actions that may be taken.

3. If issues concerning the health, safety
or care of a child occur during the placement of the child with a provider of [family]
foster care, the licensing authority shall:

(a) Consider the daily routine of the provider
when determining how to respond to those issues; and

(b) To the extent possible, respond to those
issues in a manner which is the least disruptive to that daily routine, unless
that response would not be in the best interest of the child.

Sec. 40. NRS
424.038 is hereby amended to read as follows:

424.038 1. Before placing,
and during the placement of, a child in a [family]
foster home, the licensing authority shall provide to the provider of [family]
foster care such information relating to the child as is necessary to ensure
the health and safety of the child and the other residents of the [family]
foster home. This information must include the medical history and previous behavior
of the child to the extent that such information is available.

2. The provider of [family]
foster care may, at any time before, during or after the placement of the child
in the [family] foster home, request information
about the child from the licensing authority. After the child has left the care
of the provider, the licensing authority shall provide the information
requested by the provider, unless the information is otherwise declared to be
confidential by law or the licensing authority determines that providing the
information is not in the best interests of the child.

3. The provider of [family]
foster care shall maintain the confidentiality of information obtained pursuant
to this section under the terms and conditions otherwise required by law.

4. The Division shall adopt regulations
specifying the procedure and format for the provision of information pursuant
to this section, which may include the provision of a summary of certain
information. If a summary is provided pursuant to this section, the provider of
[family] foster care may also obtain the
information set forth in subsections 1 and 2.

Sec. 41. NRS
424.0385 is hereby amended to read as follows:

424.0385 1. A licensee that
operates a specialized foster home ,
an independent living foster home or a group foster home shall
adopt a policy concerning the manner in which to:

(a) Document the orders of the treating physician
of a child;

(b) Administer medication to a child;

(c) Store, handle and dispose of medication;

(d) Document the administration of medication and
any errors in the administration of medication;

(e) Minimize errors in the administration of
medication; and

(f) Address errors in the administration of
medication.

2. The licensee shall ensure that each
employee of the specialized foster home , independent living foster home or group
foster home who will administer medication to a child at the specialized foster
home , independent living foster
home or group foster home receives a copy of and understands the
policy adopted pursuant to subsection 1.

Sec. 42. NRS
424.040 is hereby amended to read as follows:

424.040 A licensing authority or its
designee shall visit every licensed family foster home, specialized foster home
, independent living foster home and
group foster home as often as necessary to ensure that proper care is given to
the children.

Sec. 43. NRS
424.045 is hereby amended to read as follows:

424.045 1. The Division shall
establish, by regulation, a procedure for hearing grievances related to the
reissuance, suspension or revocation of a license to conduct a [family]
foster home.

2. A provider of [family]
foster care may be represented by legal counsel in any proceeding related to:

(a) The reissuance, suspension or revocation of
the license of the provider to conduct a [family]
foster home; and

(b) The care given to a child by that provider.

Sec. 44. NRS
424.047 is hereby amended to read as follows:

424.047 1. A licensing
authority shall, upon request, provide to a provider of [family]
foster care access to all information, except references, in the records
maintained by the licensing authority concerning that provider.

2. After reasonable notice and by
appointment, a provider of [family] foster care may inspect the
information kept in those records.

3. A
licensing authority may, upon request of the provider of foster care, release
to an agency which provides child welfare services or a child-placing agency,
as defined in NRS 127.220, all information, except references, in the records
maintained by the licensing authority concerning that provider, including,
without limitation, a study conducted to determine whether to grant a license
to the provider or a study of the home of the provider.

Sec. 45. NRS
424.075 is hereby amended to read as follows:

424.075 1. A provider of [family]
foster care may:

(a) Refuse to accept the placement of a child in
the [family] foster home; or

(b) Request that a child placed in the [family]
foster home be removed,

Κ unless the
provider has a written agreement with the licensing authority to the contrary.

2. If a provider of [family]
foster care refuses to accept the placement of a child in, or requests the
removal of a child from, a [family] foster home, the licensing authority
may not, based solely on that refusal or request:

(a) Revoke the license of the provider to conduct
a [family] foster home;

(b) Remove any other child placed in the [family]
foster home;

(c) Refuse to consider future placements of
children in the [family] foster home; or

(d) Refuse or deny any other rights of the
provider as may be provided by the provisions of this chapter and any
regulations adopted pursuant thereto.

Sec. 46. NRS
424.077 is hereby amended to read as follows:

424.077 1. The Division
shall, in consultation with each licensing authority in a county whose
population is 100,000 or more, adopt regulations for the establishment of a
program pursuant to which a provider of [family]
foster care may receive respite from the stresses and responsibilities that
result from the daily care of children placed in the [family]
foster home.

2. The licensing authority shall establish
and operate a program that complies with the regulations adopted pursuant to
subsection 1 to provide respite, training and support to a provider of [family]
foster care in order to develop and enhance the skills of the provider to
provide foster care.

Sec. 47. NRS
424.079 is hereby amended to read as follows:

424.079 Upon the request of a provider of [family]
foster care, the licensing authority shall allow the provider to visit a child
after the child leaves the care of the provider if:

1. The child agrees to the visitation; and

2. The licensing authority determines that
the visitation is in the best interest of the child.

Sec. 48. NRS
424.085 is hereby amended to read as follows:

424.085 1. Except as otherwise
provided by specific statute, a person who is licensed by the licensing
authority pursuant to NRS 424.030 to conduct a family foster home, a
specialized foster home , an
independent living foster home or a group foster home is not
liable for any act of a child in his or her foster care unless the person
licensed by the licensing authority took an affirmative action that contributed
to the act of the child.

2. The immunity from liability provided
pursuant to this section includes, without limitation, immunity from any fine,
penalty, debt or other liability incurred as a result of the act of the child.

424.090 The provisions of NRS 424.020 to
424.090, inclusive, do not apply to homes in which:

1. Care is provided only for a neighbors
or friends child on an irregular or occasional basis for a brief period, not
to exceed 90 days.

2. Care is provided by the legal guardian.

3. Care is provided for an exchange
student.

4. Care is provided to enable a child to
take advantage of educational facilities that are not available in his or her
home community.

5. Any child or children are received,
cared for and maintained pending completion of proceedings for adoption of such
child or children, except as otherwise provided in regulations adopted by the
Division.

6. Except as otherwise provided in
regulations adopted by the Division, care is voluntarily provided to a minor
child who is[:

(a) Related]related to the
caregiver by blood, adoption or marriage . [; and

(b) Not
in the custody of an agency which provides child welfare services.]

7. Care is provided to a minor child who
is in the custody of an agency which provides child welfare services pursuant
to chapter 432B of NRS or a
juvenile court pursuant to title 5 of NRS if:

(a) The caregiver is related to the child within
the fifth degree of consanguinity; and

(b) The caregiver is not licensed pursuant to the
provisions of NRS 424.020 to 424.090, inclusive.

Sec. 50. NRS
424.093 is hereby amended to read as follows:

424.093 The Division shall:

1. Establish reasonable minimum standards
for foster care agencies.

2. In consultation with foster care
agencies and each agency which provides child welfare services, adopt:

(a) Regulations concerning [the operation of a]
foster care [agency,]agencies, including, without limitation, a
foster care agency which provides family foster care, specialized foster care , independent living foster care or
group foster care for children placed by an agency which provides child welfare
services[.] or a juvenile court.

(b) [Regulations regarding the
issuance of nonrenewable provisional licenses to operate a foster care agency.
The regulations must provide that a provisional license is valid for not more
than 1 year.

(c)] Regulations
regarding the issuance and renewal of a license to operate a foster care
agency.

[(d)](c) Any other regulations necessary to
carry out its powers and duties regarding the placement of children for foster
care, including, without limitation, such regulations necessary to ensure
compliance with the provisions of this chapter and any regulations adopted
pursuant thereto.

Sec. 51. (Deleted by amendment.)

Sec. 52. NRS
424.095 is hereby amended to read as follows:

424.095 1. An application for
a license to operate a foster care agency must be in a form prescribed by the
Division and submitted to the appropriate licensing authority. Such a license
is effective for 2 years after the date of its issuance and may be renewed upon
expiration.

2. An applicant must provide reasonable
and satisfactory assurance to the licensing authority that the applicant will
conform to the [standards established]
provisions of NRS 424.093 to 424.097, inclusive, and sections 4 to 26,
inclusive, of this act and the regulations adopted by the Division pursuant [to
NRS 424.093.]

established]provisions of NRS 424.093 to
424.097, inclusive, and sections 4 to 26, inclusive, of this act and
the regulations adopted by the Division pursuant [to NRS 424.093.] thereto.

3. Upon application for renewal, the
licensing authority may renew a license if the licensing authority determines
that the licensee conforms to the [standards established]provisions of NRS 424.093 to
424.097, inclusive, and sections 4 to 26, inclusive, of this act and
the regulations adopted by the Division pursuant [to NRS 424.093.

4. A
licensing authority may issue a nonrenewable provisional license in accordance
with the regulations adopted by the Division pursuant to NRS 424.093.] thereto.

Sec. 53. NRS
424.096 is hereby amended to read as follows:

424.096 1. After notice and
hearing, a licensing authority may:

(a) Deny an application for a license to operate
a foster care agency if the licensing authority determines that the applicant
does not [meet the standards established and]
comply with the provisions of NRS
424.093 to 424.097, inclusive, and sections 4 to 26, inclusive, of this act and
the regulations adopted by the Division pursuant [to
NRS 424.093.]
thereto.

(b) Upon a finding of deficiency, require a
foster care agency to prepare a plan of corrective action and, within 90 days
or a shorter period prescribed by the licensing authority require the foster
care agency to complete the plan of corrective action.

(c) Refuse to renew a license or may revoke a
license [or provisional license] if the licensing
authority finds that the foster care agency has refused or failed to meet any
of the established standards or has violated any of the regulations adopted by
the Division pursuant to NRS 424.093.

2. A notice of the time and place of the
hearing must be mailed to the last known address of the applicant or licensee
at least 15 days before the date fixed for the hearing.

3. When an order of a licensing authority
is appealed to the district court, the trial may be de novo.

Sec. 54. NRS
424.097 is hereby amended to read as follows:

424.097 A licensed foster care agency may
provide such assistance to an agency which provides child welfare services or juvenile court as
authorized by the agency which provides child welfare services[.]or juvenile court. Such
services may include, without limitation:

(a) Inform the child of his or her rights set
forth in NRS 432.525, 432.530 and 432.535;

(b) Provide the child with a written copy of
those rights; and

(c) Provide an additional written copy of those
rights to the child upon request.

2. A group foster home shall post a
written copy of the rights set forth in NRS 432.525, 432.530 and 432.535 in a
conspicuous place inside the group foster home.

Sec. 57. NRS
432.545 is hereby amended to read as follows:

432.545 A provider of [family]
foster care may impose reasonable restrictions on the time, place and manner in
which a child may exercise his or her rights set forth in NRS 432.525, 432.530
and 432.535 if the provider of [family] foster care determines that such
restrictions are necessary to preserve the order, discipline or safety of the
foster home.

Sec. 58. NRS
432.550 is hereby amended to read as follows:

432.550 If a child believes that his or
her rights set forth in NRS 432.525, 432.530 and 432.535 have been violated,
the child may raise and redress a grievance with, without limitation:

1. A provider of foster care;

2. An employee of a [family foster home, as
defined in NRS 424.013, group foster home or specialized]
foster home;

3. An agency which provides child welfare
services to the child, and any employee thereof;

4. A juvenile court with jurisdiction over
the child;

5. A guardian ad litem for the child; or

6. An attorney for the child.

Sec. 59. NRS
432B.180 is hereby amended to read as follows:

432B.180 The Division of Child and Family
Services shall:

1. Administer any money granted to the
State by the Federal Government.

2. Request appropriations from the
Legislature in amounts sufficient to:

(a) Provide block grants to an agency which
provides child welfare services in a county whose population is 100,000 or more
pursuant to NRS 432B.2185; and

(b) Administer a program to provide additional
incentive payments to such an agency pursuant to NRS 432B.2165.

3. Monitor the performance of an agency
which provides child welfare services in a county whose population is 100,000
or more through data collection, evaluation of services and the review and
approval of agency improvement plans pursuant to NRS 432B.2165.

4. Provide child welfare services directly
or arrange for the provision of those services in a county whose population is
less than 100,000.

5. Coordinate its activities with and
assist the efforts of any law enforcement agency, a court of competent
jurisdiction, an agency which provides child welfare services and any public or
private organization which provides social services for the prevention,
identification and treatment of abuse or neglect of children and for permanent
placement of children.

6. Involve communities in the improvement
of child welfare services.

7. Evaluate all child welfare services
provided throughout the State and, if an agency which provides child welfare
services is not in substantial compliance with any federal or state law
relating to the provision of child welfare services, regulations adopted
pursuant to those laws or statewide plans or policies
relating to the provision of child welfare services, require corrective action
of the agency which provides child welfare services.

plans or policies relating to the provision of child welfare
services, require corrective action of the agency which provides child welfare
services.

8. Coordinate with and assist:

(a) Each agency which provides child welfare services
in recruiting, training and licensing providers of [family]
foster care as defined in NRS 424.017;

(b) Each foster care agency licensed pursuant to
NRS 424.093 to 424.097, inclusive, and
sections 4 to 26, inclusive, of this act in screening, recruiting,
licensing and training providers of [family]
foster care as defined in NRS 424.017; and

(c) A nonprofit or community-based organization
in recruiting and training providers of [family]
foster care as defined in NRS 424.017 if the Division determines that the
organization provides a level of training that is equivalent to the level of
training provided by an agency which provides child welfare services.

Sec. 60. NRS
432B.623 is hereby amended to read as follows:

432B.623 1. As a condition to
the provision of assistance pursuant to the Program:

(a) A child must:

(1) Have been removed from his or her
home:

(I) Pursuant to a written agreement
voluntarily entered by the parent or guardian of the child and an agency which
provides child welfare services; or

(II) By a court which has determined
that it is in the best interests of the child for the child to remain in protective
custody or to be placed in temporary or permanent custody outside his or her
home;

(2) For not less than 6 consecutive
months, have been eligible to receive maintenance pursuant to Part E of Title
IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with
the relative of the child;

(3) Not have as an option for permanent
placement the return to the home or the adoption of the child;

(4) Demonstrate a strong attachment to the
relative;

(5) If the child is 14 years of age or
older, be consulted regarding the guardianship arrangement; and

(6) Meet any other requirements for
eligibility set forth in 42 U.S.C. §§ 671 and 673.

(b) A relative of the child must:

(1) Demonstrate a strong commitment to
caring for the child permanently;

(2) Be a provider of [family]
foster care as defined in NRS 424.017;

(3) Enter into a written agreement for
assistance with an agency which provides child welfare services before the
relative is appointed as the legal guardian of the child;

(4) Be appointed as the legal guardian of
the child by a court of competent jurisdiction and comply with any requirements
imposed by the court; and

(5) Meet any other requirements for
eligibility set forth in 42 U.S.C. §§ 671 and 673.

2. If the sibling of a child who is
eligible for assistance pursuant to the Program is not eligible for such
assistance, the sibling may be placed with the child who is eligible for
assistance upon approval of the agency which provides
child welfare services and the relative.

provides child welfare services and the relative. In such a
case, payments may be made for the sibling so placed as if the sibling is
eligible for the Program.

Sec. 61. NRS
392.210 is hereby amended to read as follows:

392.210 1. Except as
otherwise provided in subsection 2, a parent, guardian or other person who has
control or charge of any child and to whom notice has been given of the childs
truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the
childs subsequent truancy within that school year, is guilty of a misdemeanor.

2. A person who is licensed pursuant to
NRS 424.030 to conduct a [family foster home, a specialized foster home or a group]
foster home is liable pursuant to subsection 1 for a child in his or her foster
care only if the person has received notice of the truancy of the child as
provided in NRS 392.130 and 392.140, and negligently fails to prevent the
subsequent truancy of the child within that school year.

Sec. 62. NRS
442.405 is hereby amended to read as follows:

442.405 1. The agency which
provides child welfare services shall inquire, during its initial contact with
a natural parent of a child who is to be placed in a family foster home, about
consumption of alcohol or substance abuse by the mother of the child during
pregnancy. The information obtained from the inquiry must be:

(a) Provided to the provider of [family]
foster care pursuant to NRS 424.038; and

(b) Reported to the Health Division on a form
prescribed by the Health Division. The report must not contain any identifying
information and may be used only for statistical purposes.

2. As used in this section, family foster
home has the meaning ascribed to it in NRS 424.013.

Sec. 63. NRS
477.030 is hereby amended to read as follows:

477.030 1. Except as
otherwise provided in this section, the State Fire Marshal shall enforce all
laws and adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of:

(1) Combustibles, flammables and
fireworks; and

(2) Explosives in any commercial
construction, but not in mining or the control of avalanches,

Κ under those
circumstances that are not otherwise regulated by the Division of Industrial
Relations of the Department of Business and Industry pursuant to NRS 618.890.

(c) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, facilities for the
care of children, foster homes, residential facilities for groups, facilities
for intermediate care, nursing homes, hospitals, schools, all buildings, except
private residences, which are occupied for sleeping purposes, buildings used
for public assembly and all other buildings where large numbers of persons
work, live or congregate for any purpose. As used in this paragraph, public
assembly means a building or a portion of a building used for the gathering
together of 50 or more persons for purposes of deliberation, education,
instruction, worship, entertainment, amusement or awaiting transportation, or
the gathering together of 100 or more persons in establishments for drinking or
dining.

(d) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.

Κ Except as
otherwise provided in subsection 12, the regulations of the State Fire Marshal
apply throughout the State, but except with respect to state-owned or
state-occupied buildings, the State Fire Marshals authority to enforce them or
conduct investigations under this chapter does not extend to a school district
except as otherwise provided in NRS 393.110, or a county whose population is
100,000 or more or which has been converted into a consolidated municipality,
except in those local jurisdictions in those counties where the State Fire
Marshal is requested to exercise that authority by the chief officer of the
organized fire department of that jurisdiction or except as otherwise provided
in a regulation adopted pursuant to paragraph (b) of subsection 2.

2. The State Fire Marshal may:

(a) Set standards for equipment and appliances
pertaining to fire safety or to be used for fire protection within this State,
including the threads used on fire hose couplings and hydrant fittings; and

(b) Adopt regulations based on nationally
recognized standards setting forth the requirements for fire departments to
provide training to firefighters using techniques or exercises that involve the
use of fire or any device that produces or may be used to produce fire.

3. The State Fire Marshal shall cooperate
with the State Forester Firewarden in the preparation of regulations relating
to standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040 and the mitigation of the risk of a fire hazard
from vegetation in counties within or partially within the Lake Tahoe Basin and
the Lake Mead Basin.

4. The State Fire Marshal shall cooperate
with the Division of Child and Family Services of the Department of Health and
Human Services in establishing reasonable minimum standards for overseeing the
safety of and directing the means and adequacy of exit in case of fire from [family
foster homes, specialized foster homes and group] foster
homes.

5. The State Fire Marshal shall coordinate
all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and
distribute money allocated by the United States pursuant to that act.

6. Except as otherwise provided in
subsection 10, the State Fire Marshal shall:

(a) Investigate any fire which occurs in a county
other than one whose population is 100,000 or more or which has been converted
into a consolidated municipality, and from which a death results or which is of
a suspicious nature.

(b) Investigate any fire which occurs in a county
whose population is 100,000 or more or which has been converted into a
consolidated municipality, and from which a death results or which is of a
suspicious nature, if requested to do so by the chief officer of the fire
department in whose jurisdiction the fire occurs.

(c) Cooperate with the Commissioner of Insurance,
the Attorney General and the Fraud Control Unit established pursuant to NRS
228.412 in any investigation of a fraudulent claim under an insurance policy
for any fire of a suspicious nature.

(d) Cooperate with any local fire department in
the investigation of any report received pursuant to NRS 629.045.

(e) Provide specialized training in investigating
the causes of fires if requested to do so by the chief officer of an organized
fire department.

7. The State
Fire Marshal shall put the National Fire Incident Reporting System into effect
throughout the State and publish at least annually a summary of data collected
under the System.

8. The State
Fire Marshal shall provide assistance and materials to local authorities, upon
request, for the establishment of programs for public education and other fire
prevention activities.

9. The State
Fire Marshal shall:

(a) Except as otherwise
provided in subsection 12 and NRS 393.110, assist in checking plans and
specifications for construction;

(b) Provide specialized
training to local fire departments; and

(c) Assist local
governments in drafting regulations and ordinances,

Κ
on request or as the State Fire Marshal deems necessary.

10. Except as
otherwise provided in this subsection, in a county other than one whose
population is 100,000 or more or which has been converted into a consolidated
municipality, the State Fire Marshal shall, upon request by a local government,
delegate to the local government by interlocal agreement all or a portion of
the State Fire Marshals authority or duties if the local governments
personnel and programs are, as determined by the State Fire Marshal, equally
qualified to perform those functions. If a local government fails to maintain
the qualified personnel and programs in accordance with such an agreement, the
State Fire Marshal shall revoke the agreement. The provisions of this
subsection do not apply to the authority of the State Fire Marshal to adopt
regulations pursuant to paragraph (b) of subsection 2.

11. The State
Fire Marshal may, as a public safety officer or as a technical expert on issues
relating to hazardous materials, participate in any local, state or federal
team or task force that is established to conduct enforcement and interdiction
activities involving:

(a) Commercial
trucking;

(b) Environmental
crimes;

(c) Explosives and
pyrotechnics;

(d) Drugs or other
controlled substances; or

(e) Any similar
activity specified by the State Fire Marshal.

12. Except as
otherwise provided in this subsection, any regulations of the State Fire
Marshal concerning matters relating to building codes, including, without
limitation, matters relating to the construction, maintenance or safety of
buildings, structures and property in this State:

(a) Do not apply in a
county whose population is 700,000 or more which has adopted a code at least as
stringent as the International Fire Code and the International
Building Code, published by the International Code Council. To maintain the
exemption from the applicability of the regulations of the State Fire Marshal
pursuant to this subsection, the code of the county must be at least as
stringent as the most recently published edition of the International Fire
Code and the International Building Code within 1 year after
publication of such an edition.

(b) Apply in a county
described in paragraph (a) with respect to state-owned or state-occupied
buildings or public schools in the county and in those local jurisdictions in
the county in which the State Fire Marshal is requested to exercise that
authority by the chief executive officer of that jurisdiction. As used in this
paragraph, public school has the meaning ascribed to it in NRS 385.007.

AN ACT relating to
public employees; increasing the maximum period during which certain public
officers and employees of the State who are active members of the military must
be relieved from their duties to serve under orders without loss of
compensation; and providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill increases, from not more than 15 working days
to not more than 39 working days in a calendar year, the period during which
certain public officers and employees of the State who are active members of
the military must be relieved from their duties as public officers and
employees to serve under orders without loss of compensation.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
281.145 is hereby amended to read as follows:

281.145 [Any]

1. Except
as otherwise provided in subsection 2, any public officer or
employee of the State or any agency thereof, or of a political subdivision or
an agency of a political subdivision, who is an active member of the United
States Army Reserve, the United States Naval Reserve, the United States Marine
Corps Reserve, the United States Coast Guard Reserve, the United States Air
Force Reserve or the Nevada National Guard must be relieved from the officers
or employees duties, upon the officers or employees request, to serve under
orders without loss of the officers or employees regular compensation for a
period of not more than 15 working days in any 1 calendar year. No such absence
may be a part of the employees annual vacation provided for by law.

2. Any
public officer or employee of the State or any
agency thereof whose
work schedule includes Saturday or Sunday and who is an active member of the
United States Army Reserve, the United States Naval Reserve, the United States
Marine Corps Reserve, the United States Coast Guard Reserve, the United States
Air Force Reserve or the Nevada National Guard must be relieved from the
officers or employees duties, upon the officers or employees request, to
serve under orders without loss of the officers or employees regular
compensation for a period of not more than 39 working days in any 1 calendar
year. No such absence may be a part of the employees annual vacation provided
for by law.

Secs. 2 and 3. (Deleted
by amendment.)

________

κ2013
Statutes of Nevada, Page 1459κ

CHAPTER 308, AB 365

Assembly Bill No. 365Assemblywomen Diaz and Flores

CHAPTER 308

[Approved:
June 1, 2013]

AN ACT relating to
interpreters; revising certain provisions relating to court interpreters;
requiring that interpreters be appointed in certain judicial proceedings where
a person with a language barrier is a witness, defendant or litigant; requiring
the Advisory Commission on the Administration of Justice to appoint a
subcommittee to conduct an interim study concerning language access in the
courts; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires the Court Administrator to adopt
regulations which, subject to the availability of funding, establish a program
for the certification of court interpreters. (NRS 1.510) Sections 1 and 2
of this bill require and authorize the Court Administrator to adopt regulations
which, subject to theavailability of funding, establish criteria and
procedures for the appointment of alternate court interpreters under certain
circumstances. Sections 4-6 of this bill require a certified court
interpreter or an alternate court interpreter to be provided in various
judicial proceedings for a person with a language barrier. A person with a
language barrier is defined in this bill as a person who speaks a language
other than English and who cannot readily understand or communicate in the
English language. Section 10 of this bill requires the Advisory
Commission on the Administration of Justice to appoint a subcommittee to
conduct an interim study concerning language access in the courts.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
1.510 is hereby amended to read as follows:

1.510 1. The Court
Administrator shall, in consultation with the committee established pursuant to
NRS 1.530, adopt regulations which, subject to the availability of funding,
establish[a]:

(a) A
program for the certification of court interpreters for persons with language barriers who are witnesses,
defendants and litigants [who speak a language other than English and do not know the
English language.] ; and

(b) Criteria
and procedures for the appointment of alternate court interpreters for persons
with language barriers who are witnesses, defendants and litigants.

2. The regulations established pursuant to paragraph (a) of subsection 1
must set forth:

(a) The specific languages for which court
interpreters may obtain certification, based upon the need for interpreters of
those languages.

(b) Any examination and the qualifications which
are required for:

(1) Certification; and

(2) Renewal of the certification.

(c) The circumstances under which the Court
Administrator will deny, suspend or refuse to renew a certificate.

(d) The circumstances under which the Court
Administrator will take disciplinary action against a certified court interpreter[.] or an alternate court interpreter.

(e) The circumstances under which a court [must
require the services of]may appoint an alternate court interpreter .[who is certified.]

(f) Except as otherwise provided in NRS 50.050,
the rate and source of the compensation to be paid for services provided by a
certified court interpreter[.]or an alternate court interpreter.

3. An application for a certificate as a
court interpreter pursuant to
paragraph (a) of subsection 1 must include the social security
number of the applicant.

4. Except as otherwise provided by a
specific regulation of the Court Administrator, it is grounds for disciplinary
action for a certified court interpreter or an alternate court interpreter to act as
interpreter in any action in which:

(a) The spouse of the court interpreter is a
party;

(b) A party or witness is otherwise related to
the court interpreter;

(c) The court interpreter is biased for or
against one of the parties; or

(d) The court interpreter otherwise has an
interest in the outcome of the proceeding.

5. The criteria and procedures established pursuant to
paragraph (b) of subsection 1 must set forth an order of preference, subject to
the direction of a court for the appointment of a certified court interpreter
before an alternate court interpreter.

6. As used in this section, person with a
language barrier means a person who speaks a language other than English and
who cannot readily understand or communicate in the English language.

Sec. 2. NRS
1.520 is hereby amended to read as follows:

1.520 The Court Administrator may:

1. In consultation with the committee
established pursuant to NRS 1.530, adopt any regulations necessary to [carry]:

(a) Carry
out a program for the certification of court interpreters.

(b) Establish
criteria and procedures for the appointment of alternate court interpreters.

2. Impose on a certified court
interpreter:

(a) Any fees necessary to reimburse the Court
Administrator for the cost of administering the program; and

(b) A fine for any violation of a regulation of
the Court Administrator adopted pursuant to this section or NRS 1.510.

Sec. 3. NRS
47.020 is hereby amended to read as follows:

47.020 1. This title governs
proceedings in the courts of this State and before magistrates, except:

(a) To the extent to which its provisions are
relaxed by a statute or procedural rule applicable to the specific situation;
and

(b) As otherwise provided in subsection 3.

2. Except as otherwise provided in
subsection 1, the provisions of chapter 49 of NRS with respect to privileges
apply at all stages of all proceedings.

3. The other provisions of this title , except with respect to provisions
concerning a person with a language barrier, do not apply to:

4. As
used in this section, person with a language barrier has the meaning ascribed
to it in NRS 1.510.

Sec. 4. Chapter
50 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. An
interpreter must be appointed at public expense for a person with a language
barrier who is a defendant or a witness in a criminal proceeding.

2. As
used in this section:

(a) Interpreter
means a person who:

(1) Has
a certificate as an interpreter issued by the Court Administrator pursuant to
NRS 1.510 and 1.520; or

(2) Is
appointed as an alternate court interpreter in accordance with the criteria and
procedures established pursuant to NRS 1.510 or 1.520.

(b) Person
with a language barrier has the meaning ascribed to it in NRS 1.510.

Sec. 5. NRS
50.054 is hereby amended to read as follows:

50.054 1. Except as otherwise
provided by a regulation of the Court Administrator adopted pursuant to NRS
1.510 and 1.520, a person shall not act as an interpreter in a proceeding if
the interpreter is:

(a) The spouse of a witness;

(b) Otherwise related to a witness;

(c) Biased for or against one of the parties; or

(d) Otherwise interested in the outcome of the
proceeding.

2. Before undertaking his or her duties,
the interpreter shall swear or affirm that he or she will:

(a) To the best of his or her ability, translate
accurately to the [witness,]person with a language barrier in the language
of the [witness,]person, questions and statements addressed to
the [witness;]person;

(b) Make a true interpretation of the statements
of the [witness]person with a language barrier in an
understandable manner; and

(c) Repeat the statements of the [witness]person with a language barrier in
the English language to the best of his or her ability.

3. While in the proper performance of his
or her duties, an interpreter has the same rights and privileges as the [witness,]person with a language barrier, including
the right to examine all relevant material, but is not entitled to waive or
exercise any of those rights or privileges on behalf of the [witness.] person with a language barrier.

4. If an interpreter appointed for a person with a language
barrier is not effectively or accurately communicating with or on behalf of the
person, and that fact becomes known to the person who appointed the
interpreter, another interpreter must be appointed.

5. Claims against a county, municipality, this State or
any agency thereof for the compensation of an interpreter in a criminal
proceeding or other proceeding for which an interpreter must be provided at
public expense must be paid in the same manner as other claims against the
respective entities are paid. Payment may be made only upon the certificate of
the judge, magistrate or other person presiding over the proceedings that the
interpreter has performed the services required and incurred the expense
claimed.

(a) Interpreter
means a person who [is readily able to communicate with a
person who speaks a language other than English and does not know the English
language, translate the proceedings for him or her and accurately repeat and
translate the statements of the person in a language other than English to the
court, magistrate or other person presiding. The term does not include an
interpreter for a person with a communications disability as that term is
defined in NRS 50.050.] :

(1) Has
a certificate as an interpreter issued by the Court Administrator pursuant to
NRS 1.510 and 1.520; or

(2) Is
appointed as an alternate court interpreter in accordance with the criteria and
procedures established pursuant to NRS 1.510 or 1.520.

(b) Person
with a language barrier has the meaning ascribed to it in NRS 1.510.

Sec. 6. Chapter
62D of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
juvenile court shall appoint at public expense an interpreter for a person with
a language barrier in all proceedings conducted pursuant to the provisions of
this title if the person with a language barrier is:

(a) The
child who is alleged to be or has been adjudicated delinquent or in need of
supervision;

(b) A
parent or guardian of the child that is alleged to be or has been adjudicated
delinquent or in need of supervision; or

(c) A
person who appears as a witness.

2. As
used in this section:

(a) Interpreter
means a person who:

(1) Has
a certificate as an interpreter issued by the Court Administrator pursuant to
NRS 1.510 and 1.520; or

(2) Is
appointed as an alternate court interpreter in accordance with the criteria and
procedures established pursuant to NRS 1.510 or 1.520.

(b) Person
with a language barrier has the meaning ascribed to it in NRS 1.510.

Secs. 7, 8 and 9. (Deleted by
amendment.)

Sec. 10. 1. The
Advisory Commission on the Administration of Justice created pursuant to NRS
176.0123 shall appoint a subcommittee to conduct an interim study concerning
language access in the courts of the State of Nevada, and make a report
thereof.

2. The study and report must include, without
limitation:

(a) An evaluation of:

(1) The current system used in this State to
provide court interpreters in criminal and civil proceedings;

(2) The systems used in other states to provide
court interpreters in criminal and civil proceedings; and

(3) The current condition of federal and state
laws regarding the provision of court interpreters in criminal and civil proceedings.

(2) Necessary statutory changes to comply with
any federal law related to language access in the courts; and

(3) Methods for raising any revenue necessary
to provide court interpreters in criminal and civil proceedings or to increase
language access in the courts.

3. The subcommittee shall submit a report of
the results of the study and any recommendations for legislation to the
Director of the Legislative Counsel Bureau for transmission to the 78th Session
of the Nevada Legislature and the Supreme Court.

Sec. 11. 1. This act
becomes effective on July 1, 2013.

2. Section 1 of this act expires by limitation
on the date on which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of
one or more children,

AN ACT relating to
counties; authorizing a board of county commissioners to enter into agreements
exempting certain persons, organizations and assemblies occurring on federal
lands from certain requirements and prohibitions relating to assemblies;
requiring such agreements to include certain provisions; prohibiting certain
actions regarding such agreements and the application of certain requirements
and prohibitions relating to certain assemblies occurring on federal lands; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires each board of county commissioners
to adopt an ordinance regulating and licensing outdoor assemblies, requires
certain persons to obtain a license for an assembly and prohibits certain
conduct and activities relating to certain assemblies. (NRS 244.354, 244.3542,
244.3548)

Section 1 of this bill authorizes a board of
county commissioners to enter into an agreement with a person or organization
that organizes an outdoor assembly occurring on federal land for which a
federal agency issues a license or permit or otherwise authorizes the assembly.
The agreement may exempt the assembly, and the person or organization that
organizes the assembly, from the provisions of the ordinance adopted by the
board regulating and licensing outdoor assemblies and also from the statutory provisions regulating
outdoor assemblies.

and also from the statutory provisions regulating outdoor
assemblies. The agreement may be rescinded only by mutual agreement of the
parties. For the duration of the agreement, a future board of county
commissioners may not require the application of the statutory provisions
regulating outdoor assemblies or make any changes to the terms of the
agreement. The agreement must contain certain provisions relating to the
services of a coroner if a death occurs at the assembly. Also, the parties may
enter into a separate agreement for the county to provide reasonable and
necessary services for the assembly and to receive compensation for those
services.

Existing law prohibits a board of county commissioners
from entering into certain contracts and other transactions beyond the term of
office of any member of the board unless the board appropriates money to pay
for the duration of the contract. Sections 1and 1.5 of this bill
provide that any agreement entered into pursuant to section 1 is not
subject to such limitations.

Section 1 provides that the provisions thereof
shall not be construed to prohibit, prevent or limit the power of the
Legislature.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
244 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A board
of county commissioners may enter into an
agreement with any person or organization described in paragraph (b) to exempt
from the provisions of any ordinance adopted by that board of county
commissioners pursuant to NRS 244.354 and the provisions of NRS 244.354 to
244.3548, inclusive:

(a) Any assemblyoccurring on federal
land for which a federal agency issues a license or permit or otherwise authorizes the assembly; and

(b) The
person or organization that permits, maintains, promotes, conducts, advertises,
operates, undertakes, organizes, manages or sells or gives away tickets to any
such assembly.

2. In
determining whether to enter into an agreement pursuant to subsection 1, a
board of county commissioners may consider, without limitation, whether a
person or organization described in paragraph (b) of subsection 1 has
demonstrated to the satisfaction of the board that:

(a) The
federal agency that issues a license or permit for or otherwise authorizes an
assembly described in paragraph (a) of subsection 1 has ensured that conditions
which otherwise may be imposed by the board pursuant to NRS 244.3545 are
addressed during the process of issuing the license or permit for or otherwise
authorizing the assembly; and

(b) The
assembly will not present an unreasonable danger to the health or safety of any
resident of the county.

3. Except
as otherwise provided in subsection 6, an agreement entered into pursuant to
subsection 1 may be rescinded only by mutual agreement of the parties to the
agreement. For the duration of the agreement, no future board of county
commissioners of that county may adopt an ordinance requiring, or in any other
way require:

(a) The
application of the provisions of NRS 244.354 to 244.3548, inclusive, to the assembly
that is the subject of the agreement, the person or organization with whom the
board enters into the agreement, or any other person who permits, maintains, promotes, conducts, advertises,
operates, undertakes, organizes, manages or sells or gives away tickets to the
assembly; or

4. If
a board of county commissioners enters into an agreement pursuant to subsection
1:

(a) The
agreement must require the person or organization described in paragraph (b) of
subsection 1 to call upon the services of the office of the county coroner if a
death of a person occurs at the assembly;

(b) The
agreement must provide for the office of the county coroner to receive
compensation for such services, including, without limitation, compensation:

(1) For
the expenses of any travel and subsistence incurred in the provisions of such
services;

(2) For
the expenses relating to an autopsy and the transportation and storage of the
body of the deceased; and

(3) For
any other reasonable expenses relating to the provision of such services; and

(c) The
board of county commissioners or any board of county commissioners that takes
office after the effective date of the agreement may enter into a separate
agreement with the person or organization described in paragraph (b) of
subsection 1 which provides for the county to provide reasonable and necessary services for
the assemblyand to receive compensation for the provision of such
services.

5. Notwithstanding
the provisions of NRS 244.320, any agreement entered into pursuant to this
section may extend beyond the terms of the county commissioners in office and
voting on the agreement regardless of whether the board appropriates money for
the agreement beyond the terms of office.

6. Nothing
contained in this section shall be construed to prohibit, prevent or limit the
power of the Legislature.

Sec. 1.5. NRS
244.320 is hereby amended to read as follows:

244.320 1. A board of county
commissioners may enter into any agreement,
contract, lease, franchise, exchange of property or other
transaction which extends beyond the terms of the county commissioners then in
office and voting on the matter, but except as otherwise provided by law, the agreement, contract,
lease, franchise, exchange or other transaction is binding beyond those terms
of office only to the extent that money is appropriated therefor, or for a like
item or service.

2. This section does not affect any agreement, contract,
lease, franchise, exchange of property or other transaction which does not
extend beyond the term of office of any member of the board who is part of the
quorum voting thereon.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS
244.3542 is hereby amended to read as follows:

244.3542 [Every]Except as otherwise provided in section 1 of this act, every person who permits,
maintains, promotes, conducts, advertises, operates, undertakes, organizes,
manages, sells or gives away tickets to an actual or reasonably anticipated
assembly of 1,000 or more individuals shall obtain a license from the board of
county commissioners of the county in which such assembly is proposed, in
accordance with the provisions of NRS 244.354 to 244.3548, inclusive.

244.3548 [It]Except as otherwise provided in section 1 of this act, it is unlawful for any
licensee or any employee, agent or associate of a licensee to:

1. Hold an actual or reasonably anticipated
assembly of 1,000 or more persons without first procuring a license to do so.

2. Sell tickets to such an assembly
without a license first having been obtained.

3. Hold such an assembly in such a manner
as to create a public or private nuisance.

4. Exhibit, show or conduct within the
place of such an assembly any obscene, indecent, vulgar or lewd exhibition,
show, play, entertainment or exhibit, no matter by what name designated.

5. Allow any person on the premises of the
licensed assembly to cause or create a disturbance in, around or near any place
of the assembly, by offensive or disorderly conduct.

6. Knowingly allow any person to consume,
sell or be in possession of intoxicating liquor while in such assembly except
where the consumption or possession is expressly authorized by the board and
under the laws of the State of Nevada.

7. Knowingly allow any person at the
licensed assembly to use, sell or be in possession of any controlled substance
while in, around or near a place of the assembly.

AN
ACT relating to campaign practices; setting forth factors that the Secretary of
State may consider when determining whether good cause has been shown to waive
a civil penalty imposed for filing late certain campaign reports; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires candidates, committees for
political action, political parties, committees sponsored by political parties
and certain other persons to file with the Secretary of State reports relating
to certain campaign contributions, expenses and expenditures. (NRS 294A.120,
294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220) A person, committee
or entity that is required to file a report is subject to a civil penalty,
under a graduated schedule, for filing the report late, and the Secretary of
State may waive that penalty for good cause shown. (NRS 294A.420) This bill
sets forth factors that the Secretary of State may consider when determining
whether good cause has been shown. The factors include: (1) the seriousness of
the violation; (2) any history of violations committed by the person, committee
or entity; (3) various mitigating factors; (4) whether the violation was
inadvertent; (5) any knowledge or experience the person, committee or entity
has with campaign practices; and (6) any other factor that the Secretary of
State deems to be relevant.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 294A.420 is hereby amended
to read as follows:

294A.420 1. If the Secretary
of State receives information that a person, committee or entity that is
subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150,
294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280, 294A.286
or 294A.360 has not filed a report or form for registration pursuant to the
applicable provisions of those sections, the Secretary of State may, after
giving notice to that person, committee or entity, cause the appropriate
proceedings to be instituted in the First Judicial District Court.

2. Except as otherwise provided in this
section, a person, committee or entity that violates an applicable provision of
this chapter is subject to a civil penalty of not more than $5,000 for each
violation and payment of court costs and attorneys fees. The civil penalty
must be recovered in a civil action brought in the name of the State of Nevada
by the Secretary of State in the First Judicial District Court and deposited by
the Secretary of State for credit to the State General Fund in the bank designated
by the State Treasurer.

3. If a civil penalty is imposed because a
person, committee or entity has reported its contributions, expenses or
expenditures after the date the report is due, except as otherwise provided in
this subsection, the amount of the civil penalty is:

(a) If the report is not more than 7 days late,
$25 for each day the report is late.

(b) If the report is more than 7 days late but
not more than 15 days late, $50 for each day the report is late.

(c) If the report is more than 15 days late, $100
for each day the report is late.

Κ A civil
penalty imposed pursuant to this subsection against a public officer who by law
is not entitled to receive compensation for his or her office or a candidate
for such an office must not exceed a total of $100 if the public officer or
candidate received no contributions and made no expenditures during the
relevant reporting periods.

4. For good cause shown, the Secretary of
State may waive a civil penalty that would otherwise be imposed pursuant to
this section.

5. When
considering whether to waive, pursuant to subsection 4, a civil penalty that
would otherwise be imposed pursuant to subsection 3, the Secretary of State may
consider, without limitation:

(a) The
seriousness of the violation, including, without limitation, the nature,
circumstances and extent of the violation;

(b) Any
history of violations committed by the person, committee or entity against whom
the civil penalty would otherwise be imposed;

(c) Any
mitigating factor, including, without limitation, whether the person, committee
or entity against whom the civil penalty would otherwise be imposed reported
the violation, corrected the violation in a timely manner, attempted to correct
the violation or cooperated with the Secretary of State in resolving the
situation that led to the violation;

(e) Any
knowledge or experience the person, committee or entity has with the provisions
of this chapter; and

(f) Any
other factor that the Secretary of State deems to be relevant.

6. If
the Secretary of State waives a civil penalty pursuant to [this]
subsection[,]4, the Secretary of
State shall:

(a) Create a record which sets forth that the
civil penalty has been waived and describes the circumstances that constitute
the good cause shown; and

(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.

Sec. 2. This act becomes effective
on July 1, 2013.

________

CHAPTER 311, AB 448

Assembly Bill No. 448Committee on Ways and Means

CHAPTER 311

[Approved:
June 1, 2013]

AN ACT relating to
the state militia; authorizing the Adjutant General to accept certain property;
revising certain provisions relating to the rental of an armory or facility of
the Office of the Military; revising certain provisions relating to the Patriot
Relief Account; repealing certain provisions concerning the state militia; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Section 1 of this bill authorizes the Adjutant
General to accept federal funding for personnel support and equipment supplies,
arms and facilities through the United States Property and Fiscal Officer for
Nevada, and requires deposit of any money received in the State Treasury.

Sections 5 and6 of this bill revise the
provisions relating to the rental of a facility or an armory or space within an
armory to allow a security deposit to be required. Section 5 also
authorizes the use of the money generated from the rental of an armory or space
within an armory to make repairs, construct new facilities, fund various
activities and further state and governmental relations.

Existing law authorizes the payment of various benefits
to members of the Nevada National Guard from the Patriot Relief Account in the
State General Fund. (NRS 412.1435) Section 7 of this bill revises
certain provisions concerning authorized uses of money in the Patriot Relief
Account.

Section 8 of this bill repeals the existing law
that provides certain allowances for military uniforms and equipment under
certain circumstances. (NRS 412.184)

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
412 of NRS is hereby amended by adding thereto a new section to read as
follows:

The Adjutant
General may accept through the United States Property and Fiscal Officer for
Nevada such equipment, supplies, arms, facilities and funding for personnel
support as may be authorized and appropriated by federal law.

by federal law. All
federal money received by the Adjutant General under this section must be
deposited in the State Treasury.

Sec. 2. NRS
412.092 is hereby amended to read as follows:

412.092 The word armory as used
in NRS 412.092 to 412.109, inclusive, and section 1 of this act, means any
building, together with the grounds upon which it is situated, used for the
storage and maintenance of military property or the training of troops, and in
addition real property acquired or held in contemplation of such use.

Sec. 3. NRS
412.098 is hereby amended to read as follows:

412.098 The construction, expansion,
rehabilitation or conversion of armories and arsenals in this State shall be
accomplished by the State Public Works [Board,]Division of the Department of Administration, subject
to the inspection and approval of the Secretary of Defense, as prescribed by 10
U.S.C. § [2237]18237 when federal funds have been allocated
to the State for such work.

Sec. 4. NRS
412.102 is hereby amended to read as follows:

412.102 1. The Office shall
provide and maintain armories suitable for conducting drills and the
safekeeping of federal military property, with light, water and heat, for the
units of the Nevada National Guard organized in the several counties of the
State.

2. The expenses of procuring and
maintaining the armories, and the monthly allowance to cover incidental
expenses which may be incurred by each unit, [must]may be paid from the
appropriation for the support of the Nevada National Guard[.] or from other available money.

Sec. 5. NRS
412.108 is hereby amended to read as follows:

412.108 1. The person or
governmental entity applying for the rental of an armory or space within an
armory must execute and deliver a written agreement which must include among
its provisions[his,
her or its]:

(a) The
full name and address[, the] of the applicant;

(b) The
purpose for which its use is desired[, the];

(c) The
nature and manner of the intended use of the space[, a] ;

(d) A
reasonable rental ,
which may include a security deposit, to be paid for that use ; and [the]

(e) The
amounts to be paid for heating, lighting, janitorial and other
services connected with its use.

2. The
terms and provisions of the agreement must be governed by Office regulations
issued pursuant to this chapter, which regulations must include provisions
designed to prevent unfair competition with privately owned property and
business.

[2.] 3. No agreement for use made pursuant
to [this section]subsection 1 is effective until the agreement
or lease has been approved and executed by the officer in charge of the armory
or the officers authorized representative, and has been approved by his or her
military superiors as prescribed by Office regulations issued pursuant to this
chapter.

[3.] 4. No agreement or lease made
pursuant to [this section]subsection 1 may be assigned in whole or in
part nor may space be sublet to or used by a person or entity not a party to
the agreement, unless each assignment, subletting or use is first approved in writing
by the officer in charge of the armory or the officers authorized
representative.

[4.] 5. All money paid or given,
directly or indirectly, for the rental of an armory or to obtain an agreement
or permission to use the armory are use fees within the meaning of this section
and must be paid to the officer in charge of the armory
or the officers authorized representative.

charge of the armory or the officers authorized
representative. Any person other than the officer in charge of the armory or
the officers authorized representative who receives that money shall
immediately pay over the money to the officer in charge of the armory or the
officers authorized representative, who shall immediately forward [one-half
of] the money to the office of the Adjutant General to be
placed in an account in the State General Fund entitled the Adjutant Generals
Special Armory Account, to be used by the Office [for]to:

(a) Make
necessary repairs and improvements of state armories [and
construction of];

(b) Construct
new facilities [in the manner prescribed by Office regulations. The remainder
of the money must be placed in an armory account to be kept by the officer in
charge of the armory or the officers authorized representative, and used for
military activities and affairs and to further relations with the community in
which the armory is located. These] ;

(c) Fund
military activities and affairs;

(d) Further
relations with the community in which the armory is located; and

(e) Further
relations with the State.

6. The
expenditures made
pursuant to subsection 5 must be made according to Office
regulations and must be approved by a board of three persons appointed by the
Adjutant General.

[5.] 7. When the use of an armory is
by a federal, state, county or municipal bureau, agency or department or by any
of the Armed Forces of the United States or any of the reserve components
thereof, or by any unit of the reserve officers training corps, the Adjutant
General may require the execution of a contract or agreement for that use, upon
such terms and conditions as he or she prescribes.

Sec. 6. NRS
412.109 is hereby amended to read as follows:

412.109 1. Except as otherwise
provided in NRS 412.108, the person or governmental entity applying for the
rental of any facility of the Office must execute and deliver a written
agreement which must include among its provisions [his, her or its] :

(a) The
full name and address[, the] of the applicant;

(b) The
purpose for which its use is desired[, the] ;

(c) The
nature and manner of the intended use of the space[, a] ;

(d) A
reasonable rental ,
which may include a security deposit, to be paid for that use ; and [the]

(e) The
amounts to be paid for heating, lighting, janitorial and other
services connected with its use.

2. The
terms and provisions of the agreement must be governed by Office regulations
issued pursuant to this chapter, which regulations must include provisions
designed to prevent unfair competition with privately owned property and
business.

[2.] 3. No agreement for use made
pursuant to [this section]subsection 1 is effective until the agreement
or lease has been approved and executed as prescribed by Office regulations
issued pursuant to this chapter.

[3.] 4. No agreement or lease made
pursuant to [this section]subsection 1 may be assigned in whole or in
part nor may space be sublet to or used by a person or entity not a party to
the agreement, unless each assignment, subletting or use is first approved in
writing by the Office.

[4.] 5. All money paid or given,
directly or indirectly, for the rental of a facility or to obtain an agreement
or permission to use the facility are use fees within the meaning of this
section and must be paid to the Office to be deposited in the State General
Fund for credit to the Office.

[5.]6.When the use
of a facility is by a federal, state, county or municipal bureau, agency or
department or by any of the Armed Forces of the United States or any of the
reserve components thereof, or by any unit of the reserve officers training
corps, the Adjutant General may require the execution of a contract or
agreement for that use, upon such terms and conditions as he or she prescribes.

Sec. 7. NRS
412.1435 is hereby amended to read as follows:

412.1435 1. The Patriot
Relief Account is hereby created as a special account in the State General
Fund.

2. The money in the Patriot Relief Account
does not lapse to the State General Fund at the end of any fiscal year. The
interest and income earned on the sum of:

(a) The money in the Patriot Relief Account,
after deducting any applicable charges; and

(b) Unexpended appropriations made to the Patriot
Relief Account from the State General Fund,

Κ must be
credited to the Account. All claims against the Patriot Relief Account must be
paid as other claims against the State are paid.

3. The Office may accept gifts, grants and
donations from any source for deposit in the Patriot Relief Account.

4. The money in the Patriot Relief Account
may only be used to provide:

(a) Reimbursement to a member of the Nevada
National Guard for the cost of:

(1) Premiums on a policy of group life
insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; [and] or

(2) Textbooks required for a course of
study in which the member is enrolled at an institution within the Nevada
System of Higher Education; and

(b) Monetary relief from economic hardships
experienced by a member of the Nevada National Guard who has been called into
active service . [;
and

(c) A
payment of $100 to a member of the Nevada National Guard who:

(1) Returns
from deployment in a combat zone;

(2) Was
on active service for 45 days or more in full-time National Guard duty, as
defined in 10 U.S.C. § 101(d)(5); and

(3) Not
more than 90 days after returning from deployment in the combat zone, attends a
course on reintegration into the community with his or her spouse, an adult
member of his or her immediate family or an adult with whom he or she cohabits.]

5. The Adjutant General shall adopt any
regulations necessary to determine eligibility for reimbursement or monetary
relief from the Patriot Relief Account and to carry out a program to provide
such reimbursement and monetary relief.

[6. As used in this section:

(a) Combat
zone means any area which the President of the United States has designated by
executive order as an area in which the Armed Forces of the United States are
engaged in combat.

(b) Course
on reintegration into the community means a class designed to provide a member
of the Nevada National Guard who is returning from deployment in a combat zone with skills and training to enable
the member more easily to adapt to life outside of the combat zone.]

deployment in a
combat zone with skills and training to enable the member more easily to adapt
to life outside of the combat zone.]

Sec. 8. NRS 412.184 is
hereby repealed.

Sec. 9. This act becomes effective
upon passage and approval.

________

CHAPTER 312, AB 449

Assembly Bill No. 449Committee on Ways and Means

CHAPTER 312

[Approved:
June 1, 2013]

AN ACT relating to
vital statistics; providing that certain proceeds accruing to this State may be
used by the Health Division of the Department of Health and Human Services for
certain purposes; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires the Administrator of the Health
Division of the Department of Health and Human Services, who serves as the
State Registrar of Vital Statistics, to keep a true and correct account of all
fees received under chapter 440 of NRS. Money collected pursuant to certain
specific provisions of chapter 440 of NRS must be used for certain purposes,
but any other proceeds accruing to this State under the provisions of the
chapter must be forwarded to the State Treasurer for deposit in the State
General Fund. (NRS 440.690) This bill provides that such proceeds accruing to
this State under the provisions of chapter 440 of NRS may instead be used by
the Health Division of the Department of Health and Human Services to
administer and carry out the provisions of the chapter and any regulations
adopted pursuant thereto.

This bill also removes the provision which authorizes the
Health Division, upon the approval of the State Board of Examiners and pursuant
to its regulations, to maintain an account in a bank or credit union for the
purpose of refunding overpayments of fees for vital statistics.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
440.690 is hereby amended to read as follows:

440.690 1. The State
Registrar shall keep a true and correct account of all fees received under this
chapter.

2. The money collected pursuant to subsection
2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer
for credit to the Childrens Trust Account created by NRS 432.131. The money
collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State
Registrar to the State Treasurer for credit to the Review of Death of Children
Account created by NRS 432B.409. Any money collected pursuant to subsection 5
of NRS 440.700 must be remitted by the State Registrar to the county treasurers
of the various participating counties for credit to their accounts for the
support of the offices of the county coroners created pursuant to NRS 259.025.
Any other proceeds accruing to the State of Nevada under
the provisions of this chapter [must be forwarded to the State Treasurer for deposit
in the State General Fund.

Nevada under the provisions of this chapter [must
be forwarded to the State Treasurer for deposit in the State General Fund.

3. Upon
the approval of the State Board of Examiners and pursuant to its regulations,]may be used by the
Health Division of the Department of Health and Human Services [may
maintain an account in a bank or credit union for the purpose of refunding
overpayments of fees for vital statistics.] to administer and carry out the
provisions of this chapter and any regulations adopted pursuant thereto.

Sec. 2. This act becomes effective
on July 1, 2013.

________

CHAPTER 313, AB 455

Assembly Bill No. 455Committee on Transportation

CHAPTER 313

[Approved:
June 1, 2013]

AN ACT relating to
special license plates; revising the role of the Commission on Special License
Plates to advise the Department of Motor Vehicles with respect to certain
matters; requiring that applicants for special license plates furnish to the
Department certain amended information; requiring that the Commission compile
and make publicly available certain information regarding special license plates
which the Commission has recommended for approval; revising provisions
governing the procedure for taking adverse action against a charitable
organization that receives additional fees from a special license plate; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, the Commission on Special License
Plates reviews and approves applications for special license plates and engages
in other activities related to special license plates. (NRS 482.367004) Sections
2-6and 9 of this bill revise the authority of the Commission so
that the Commission, the voting members of which are all Legislators, advises
and makes recommendations to but does not direct the activities of the
Department of Motor Vehicles.

Existing law sets forth the process by which persons and
organizations may apply directly to the Department of Motor Vehicles to have
the Department design, prepare and issue new special license plates. (NRS
482.367002-482.367008) Section 2 of this bill revises and expands the
types of information and amended information that must be provided to the
Department in an application for a special license plate. Section 3 of
this bill requires that the Commission compile and make publicly available
certain information regarding special license plates which the Commission has
recommended for approval.

Section 7 of this bill changes from September 1 to
July 1 the deadline by which certain charitable organizations that receive
additional fees from special license plates must provide to the Commission and
the Department certain contact information. Section 9 of this bill
revises the process of determination, hearing, appeal and potential adverse
action if a charitable organization that receives additional fees from special
license plates is found to have failed to provide required information or
financial documents or to have committed improper practices of financial
administration.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 482.270 is hereby amended
to read as follows:

482.270 1. Except as
otherwise provided in this section or by specific statute, the Director shall
order the redesign and preparation of motor vehicle license plates with colors
that are predominately blue and silver. The Director may substitute white in
place of silver when no suitable material is available.

2. Except as otherwise provided in
subsection 3, the Department shall, upon the payment of all applicable fees,
issue redesigned motor vehicle license plates pursuant to this section to
persons who apply for the registration or renewal of the registration of a
motor vehicle on or after January 1, 2001.

3. The Department shall not issue
redesigned motor vehicle license plates pursuant to this section to a person
who was issued motor vehicle license plates before January 1, 1982, or pursuant
to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval
of the person.

4. The Director may determine and vary the
size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.

5. Every license plate must have displayed
upon it:

(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of this State, which may be abbreviated;

(c) If issued for a calendar year, the year; and

(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.

6. Except as otherwise provided in NRS
482.379, all letters and numbers must be of the same size.

7. Each special license plate that is
designed, prepared and issued pursuant to NRS 482.367002 must be designed and
prepared in such a manner that:

(a) The left-hand one-third of the plate is the
only part of the plate on which is displayed any design or other insignia that
is suggested pursuant to paragraph [(e)](f) of subsection 2
of that section; and

(b) The remainder of the plate conforms to the
requirements for coloring, lettering and design that are set forth in this
section.

Sec. 2. NRS
482.367002 is hereby amended to read as follows:

482.367002 1. A person may
request that the Department design, prepare and issue a special license plate
by submitting an application to the Department. A person may submit an
application for a special license plate that is intended to generate financial
support for an organization only if:

(a) For an organization which is not a
governmental entity, the organization is established as a nonprofit charitable
organization which provides services to the community relating to public
health, education or general welfare;

(b) For an organization which is a governmental
entity, the organization only uses the financial support generated by the
special license plate for charitable purposes relating to public health,
education or general welfare;

(c) The organization is registered with the
Secretary of State, if registration is required by law, and has filed any
documents required to remain registered with the Secretary of State;

(d) The name and purpose of the organization do
not promote, advertise or endorse any specific product, brand name or service
that is offered for profit;

(e) The organization is nondiscriminatory; and

(f) The license plate will not promote a specific
religion, faith or antireligious belief.

2. An application submitted to the
Department pursuant to subsection 1:

(a) Must be on a form prescribed and furnished by
the Department;

(b) Must specify whether the special license
plate being requested is intended to generate financial support for a
particular cause or charitable organization and, if so[, the]:

(1) The
name of the cause or charitable organization; and

(2) Whether
the financial support intended to be generated for the particular cause or
charitable organization will be for:

(I) General
use by the particular cause or charitable organization; or

(II) Use
by the particular cause or charitable organization in a more limited or
specific manner;

(c) Must
include the name and signature of a person who represents:

(1) The
organization which is requesting that the Department design, prepare and issue
the special license plate; and

(2) If
different from the organization described in subparagraph (1), the cause or
charitable organization for which the special license plate being requested is
intended to generate financial support;

(d) Must
include proof that the organization satisfies the requirements set forth in
subsection 1;

[(d)] (e) Must be accompanied by a surety
bond posted with the Department in the amount of $5,000; and

[(e)] (f) May be accompanied by suggestions
for the design of and colors to be used in the special license plate.

3. If an application for a special license plate has been
submitted pursuant to this section but the Department has not yet designed,
prepared or issued the plate, the applicant shall amend the application with
updated information when any of the following events take place:

(a) The
name of the organization that submitted the application has changed since the
initial application was submitted.

(b) The
cause or charitable organization for which the special license plate being
requested is intended to generate financial support has a different name than
that set forth on the initial application.

(c) The
cause or charitable organization for which the special license plate being
requested is intended to generate financial support is different from that set
forth on the initial application.

Κ The
updated information described in this subsection must be submitted to the
Department within 90 days after the relevant change takes place, unless the
applicant has received notice that the special license plate is on an agenda to
be heard at a meeting of the Commission on Special License Plates, in which
case the updated information must be submitted to the Department within 48
hours after the applicant receives such notice. The updating of information
pursuant to this subsection does not alter, change or otherwise affect the
issuance of special license plates by the Department in accordance with the
chronological order of their authorization or approval, as described in
subsection 2 of NRS 482.367008.

4. The
Department may design and prepare a special license plate requested pursuant to
subsection 1 if:

(a) The Department determines that the
application for that plate complies with subsection 2; and

(b) The Commission on Special License Plates [approves]recommends to the Department that
the Department approve the application for that plate pursuant to
subsection 5 of NRS 482.367004.

[4.] 5. Except as otherwise provided
in NRS 482.367008, the Department may issue a special license plate that:

(a) The Department has designed and prepared
pursuant to this section;

(b) The Commission on Special License Plates has [approved]recommended the Department approve
for issuance pursuant to subsection 5 of NRS 482.367004; and

(c) Complies with the requirements of subsection
7 of NRS 482.270,

Κ for any
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265 and who otherwise complies
with the requirements for registration and licensing pursuant to this chapter.
A person may request that personalized prestige license plates issued pursuant
to NRS 482.3667 be combined with a special license plate issued pursuant to
this section if that person pays the fees for personalized prestige license plates
in addition to the fees for the special license plate.

(a) If the Department [or the Commission on
Special License Plates] determines not to issue the special
license plate; or

(b) If it is determined that at least 1,000
special license plates have been issued pursuant to the assessment of the
viability of the design of the special license plate conducted pursuant to NRS
482.367008.

[6.] 7. If, during a registration
year, the holder of license plates issued pursuant to the provisions of this
section disposes of the vehicle to which the plates are affixed, the holder
shall:

(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.

Sec. 3. NRS
482.367004 is hereby amended to read as follows:

482.367004 1. There is hereby
created the Commission on Special License Plates .[consisting] The Commission is advisory to the
Department and consists of five Legislators and three nonvoting
members as follows:

(1) One of whom is the Legislator who
served as the Chair of the Assembly Standing Committee on Transportation during
the most recent legislative session. That Legislator may designate an alternate
to serve in place of the Legislator when absent. The alternate must be another Legislator
who also served on the Assembly Standing Committee on Transportation during the
most recent legislative session.

(2) One of whom is the Legislator who
served as the Chair of the Senate Standing Committee on Transportation during
the most recent legislative session. That Legislator may designate an alternate
to serve in place of the Legislator when absent. The alternate must be another
Legislator who also served on the Senate Standing Committee on Transportation
during the most recent legislative session.

(b) Three nonvoting members consisting of:

(1) The Director of the Department of
Motor Vehicles, or a designee of the Director.

(2) The Director of the Department of
Public Safety, or a designee of the Director.

(3) The Director of the Department of
Tourism and Cultural Affairs, or a designee of the Director.

2. Each member of the Commission appointed
pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing
on July 1 of each odd-numbered year. A vacancy on the Commission must be filled
in the same manner as the original appointment.

3. Members of the Commission serve without
salary or compensation for their travel or per diem expenses.

4. The Director of the Legislative Counsel
Bureau shall provide administrative support to the Commission.

5. The Commission shall recommend to the Department that the
Department approve or disapprove:

(a) Applications for the design, preparation and
issuance of special license plates that are submitted to the Department
pursuant to subsection 1 of NRS 482.367002;

(b) The issuance by the Department of special
license plates that have been designed and prepared pursuant to NRS 482.367002;
and

(c) Except as otherwise provided in subsection [6,]7, applications for
the design, preparation and issuance of special license plates that have been
authorized by an act of the Legislature after January 1, 2007.

Κ In determining
whether to [approve]recommend to the Department the approval of such
an application or issuance, the Commission shall consider, without limitation,
whether it would be appropriate and feasible for the Department to, as
applicable, design, prepare or issue the particular special license plate. [The]For the purpose of making
recommendations to the Department, the Commission shall consider
each application in the chronological order in which the application was
received by the Department.

6. On or before September 1 of each fiscal year, the Commission
shall compile a list of each special license plate for which the Commission,
during the immediately preceding fiscal year, recommended to the Department
that the Department approve the application for the special license plate or
approve the issuance of the special license plate. The list so compiled must
set forth, for each such plate, the cause or charitable organization for which the special license plate generates or
would generate financial support, and the intended use to which the financial
support is being put or would be put.

organization for
which the special license plate generates or would generate financial support,
and the intended use to which the financial support is being put or would be
put. The Commission shall transmit the information described in this subsection
to the Department and the Department shall make that information available on
its Internet website.

7. The
provisions of paragraph (c) of subsection 5 do not apply with regard to special
license plates that are issued pursuant to NRS 482.3785 or 482.3787.

[7.] 8. The Commission shall:

(a) [Approve]Recommend to the Department that
the Department approve or disapprove any proposed change in the
distribution of money received in the form of additional fees. As used in this
paragraph, additional fees means the fees that are charged in connection with
the issuance or renewal of a special license plate for the benefit of a
particular cause, fund or charitable organization. The term does not include
registration and license fees or governmental services taxes.

(b) If it [approves]recommends a
proposed change pursuant to paragraph (a) and determines that legislation is
required to carry out the change, recommend
to the Department that the Department request the assistance of
the Legislative Counsel in the preparation of a bill draft to carry out the
change.

Sec. 4. NRS
482.367008 is hereby amended to read as follows:

482.367008 1. As used in this
section, special license plate means:

(a) A license plate that the Department has
designed and prepared pursuant to NRS 482.367002 in accordance with the system
of application and petition described in that section;

(c) Except for a license plate that is issued
pursuant to NRS 482.3785 or 482.3787, a license plate that:

(1) Is approved by the Legislature after
July 1, 2005; and

(2) Differs substantially in design from
the license plates that are described in subsection 1 of NRS 482.270.

2. Notwithstanding any other provision of
law to the contrary, the Department shall not, at any one time, issue more than
30 separate designs of special license plates. Whenever the total number of
separate designs of special license plates issued by the Department at any one
time is less than 30, the Department shall issue a number of additional designs
of special license plates that have been authorized by an act of the
Legislature or the application for which has been [approved]recommended by the
Commission on Special License Plates to be approved by the Department pursuant to subsection 5
of NRS 482.367004, not to exceed a total of 30 designs issued by the Department
at any one time. Such additional designs must be issued by the Department in
accordance with the chronological order of their authorization or approval[.] by the Department.

3. Except as otherwise provided in this
subsection, on October 1 of each year the Department shall assess the viability
of each separate design of special license plate that the Department is
currently issuing by determining the total number of validly registered motor
vehicles to which that design of special license plate is
affixed.

special license plate is affixed. The Department shall not
determine the total number of validly registered motor vehicles to which a
particular design of special license plate is affixed if:

(a) The particular design of special license
plate was designed and prepared by the Department pursuant to NRS 482.367002;
and

(b) On October 1, that particular design of
special license plate has been available to be issued for less than 12 months.

4. Except as otherwise provided in
subsection 6, if, on October 1, the total number of validly registered motor
vehicles to which a particular design of special license plate is affixed is:

(a) In the case of special license plates
designed and prepared by the Department pursuant to NRS 482.367002, less than
1,000; or

(b) In the case of special license plates
authorized directly by the Legislature which are described in paragraph (b) of
subsection 1, less than the number of applications required to be received by
the Department for the initial issuance of those plates,

Κ the Director
shall provide notice of that fact in the manner described in subsection 5.

5. The notice required pursuant to
subsection 4 must be provided:

(a) If the special license plate generates
financial support for a cause or charitable organization, to that cause or
charitable organization.

(b) If the special license plate does not
generate financial support for a cause or charitable organization, to an entity
which is involved in promoting the activity, place or other matter that is
depicted on the plate.

6. If, on December 31 of the same year in
which notice was provided pursuant to subsections 4 and 5, the total number of
validly registered motor vehicles to which a particular design of special
license plate is affixed is:

(a) In the case of special license plates
designed and prepared by the Department pursuant to NRS 482.367002, less than
1,000; or

(b) In the case of special license plates
authorized directly by the Legislature which are described in paragraph (b) of
subsection 1, less than the number of applications required to be received by
the Department for the initial issuance of those plates,

Κ the Director
shall, notwithstanding any other provision of law to the contrary, issue an
order providing that the Department will no longer issue that particular design
of special license plate. Such an order does not require existing holders of
that particular design of special license plate to surrender their plates to
the Department and does not prohibit those holders from renewing those plates.

Sec. 5. NRS
482.36705 is hereby amended to read as follows:

482.36705 1. Except as
otherwise provided in subsection 2:

(a) If a new special license plate is authorized
by an act of the Legislature after January 1, 2003, other than a special
license plate that is authorized pursuant to NRS 482.379375, the Legislature
will direct that the license plate not be designed, prepared or issued by the
Department unless the Department receives at least 1,000 applications for the
issuance of that plate within 2 years after the effective date of the act of
the Legislature that authorized the plate.

(b) In addition to the requirements set forth in
paragraph (a), if a new special license plate is authorized by an act of the
Legislature after July 1, 2005, the Legislature will
direct that the license plate not be issued by the Department unless its
issuance complies with subsection 2 of NRS 482.367008.

July 1, 2005, the Legislature will direct that the license
plate not be issued by the Department unless its issuance complies with
subsection 2 of NRS 482.367008.

(c) In addition to the requirements set forth in
paragraphs (a) and (b), if a new special license plate is authorized by an act
of the Legislature after January 1, 2007, the Legislature will direct that the
license plate not be designed, prepared or issued by the Department unless the
Commission on Special License Plates [approves]recommends to the Department that
the Department approve the application for the authorized plate
pursuant to NRS 482.367004.

2. The provisions of subsection 1 do not
apply with regard to special license plates that are issued pursuant to NRS
482.3785 or 482.3787.

Sec. 6. NRS
482.379375 is hereby amended to read as follows:

482.379375 1. Except as
otherwise provided in this subsection, the Department, in cooperation with the
Reno Recreation and Parks Commission or its successor, shall design, prepare
and issue license plates for the support and enhancement of parks, recreation
facilities and programs in the City of Reno, using any colors and designs that
the Department deems appropriate. The Department shall not design, prepare or
issue the license plates unless:

(a) The Commission on Special License Plates [approves]recommends to the Department that
the Department approve the design, preparation and issuance of
those plates as described in NRS 482.367004; and

(b) The Department receives at least 1,000
applications for the issuance of those plates.

2. If the Commission on Special License
Plates [approves]recommends to the Department that the Department approve the
design, preparation and issuance of license plates for the support and
enhancement of parks, recreation facilities and programs in the City of Reno
pursuant to subsection 1, and the Department receives at least 1,000
applications for the issuance of the license plates, the Department shall issue
those plates for a passenger car or light commercial vehicle upon application
by a person who is entitled to license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be combined with license plates
for the support and enhancement of parks, recreation facilities and programs in
the City of Reno if that person pays the fees for the personalized prestige
license plates in addition to the fees for the license plates for the support
and enhancement of parks, recreation facilities and programs in the City of
Reno pursuant to subsections 3 and 4.

3. The fee for license plates for the
support and enhancement of parks, recreation facilities and programs in the
City of Reno is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment of $10.

4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support and enhancement of parks, recreation facilities and programs in the
City of Reno must pay for the initial issuance of the plates an additional fee
of $25 and for each renewal of the plates an additional fee of $20 to be
distributed pursuant to subsection 5.

5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund.

The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this section to the City Treasurer of the City
of Reno to be used to pay for the support and enhancement of parks, recreation
facilities and programs in the City of Reno.

6. If, during a registration year, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.

Sec. 7. NRS
482.38277 is hereby amended to read as follows:

482.38277 1. On or before
September 1 of each fiscal year, each charitable organization, not including a
governmental entity whose budget is included in the executive budget, that
receives additional fees shall[:

(a) Prepare]prepare a balance
sheet for the immediately preceding fiscal year on a form provided by the
Commission on Special License Plates and file the balance sheet, accompanied by
a recent bank statement, with the Commission. The Commission shall prepare and
make available, or cause to be prepared and made available, a form that must be
used by a charitable organization to prepare such a balance sheet.

[(b) Provide]

2. On
or before July 1 of each fiscal year, each charitable organization, not
including a governmental entity whose budget is included in the executive
budget, that receives additional fees shall provide to the
Commission and the Department:

[(1)] (a) A list of the names of the persons,
whether or not designated officers, who are responsible for overseeing the
operation of the charitable organization;

[(2)] (b) The current mailing address of the
charitable organization; and

[(3)] (c) The current telephone number of the
charitable organization.

[2.] 3. The Legislative Auditor shall
prescribe:

(a) The form and content of the balance sheets
required to be filed pursuant to subsection 1; and

(b) Any additional information that must
accompany the balance sheets and bank statements required to be filed pursuant
to subsection 1, including, without limitation, the methods and procedures used
to ensure that all money received in the form of additional fees is expended
solely for the benefit of the intended recipient.

[3.] 4. The Commission shall provide
to the Legislative Auditor:

(a) A copy of each balance sheet and bank
statement that it receives from a charitable organization pursuant to [paragraph
(a) of] subsection 1; and

(b) A copy of the information that it receives
from a charitable organization pursuant to [paragraph (b) of]
subsection [1.] 2.

Sec. 8. NRS
482.38278 is hereby amended to read as follows:

482.38278 1. On or before
September 30 following the end of each fiscal year, the Legislative Auditor
shall present to the Commission on Special License Plates a final written
report with respect to the charitable organizations for
which the Commission provided to the Legislative Auditor a balance sheet
pursuant to subsection [3] 4 of NRS 482.38277.

organizations for which the Commission provided to the
Legislative Auditor a balance sheet pursuant to subsection [3]4 of NRS 482.38277.

2. The final written report must be
distributed to each member of the Commission before the report is presented to
the Commission.

3. Along with any statement of explanation
or rebuttal from the audited charitable organization, the final written report
may include, without limitation:

(a) Evidence regarding the inadequacy or
inaccuracy of any forms or records filed by the charitable organization with
the Commission or the Department;

(b) Evidence regarding any improper practices of
financial administration on the part of the charitable organization;

(c) Evidence regarding the methods and
procedures, or lack thereof, used to ensure that all money received in the form
of additional fees is expended solely for the benefit of the intended recipient;
and

(d) Any other evidence or information that the
Legislative Auditor determines to be relevant to the propriety of the financial
administration and recordkeeping of the charitable organization, including,
without limitation, the disposition of any additional fees received by the
charitable organization.

Sec. 9. NRS
482.38279 is hereby amended to read as follows:

482.38279 1. If the
Commission on Special License Plates determines that a charitable organization
has failed to comply with one or more of the provisions of NRS 482.38277 or if,
in a report provided to the Commission by the Legislative Auditor pursuant to
NRS 482.38278, the Legislative Auditor determines that a charitable
organization has committed improper practices of financial administration, has
filed with the Commission or the Department forms or records that are
inadequate or inaccurate, or has failed to use adequate methods and procedures
to ensure that all money received in the form of additional fees is expended
solely for the benefit of the intended recipient, the Commission shall notify
the charitable organization of that determination.

2. A charitable organization may request
in writing a hearing, within 20 days after receiving notification pursuant to
subsection 1, to respond to the determinations of the Commission or Legislative
Auditor. The hearing must be held not later than 30 days after the receipt of
the request for a hearing unless the parties, by written stipulation, agree to
extend the time.

3. The Commission shall issue a decision[, immediately after the
hearing,] on whether to uphold the original determination
of the Commission or the Legislative Auditor or to overturn that determination.
The decision [of the Commission pursuant to this subsection is a final
decision for purposes of judicial review.] required pursuant to this subsection
must be issued:

(a) Immediately
after the hearing, if a hearing was requested; or

(b) Within
30 days after the expiration of the 20-day period within which a hearing may be
requested, if a hearing was not requested.

4. If the
Commission [upholds]decides to uphold its own determination that a
charitable organization has failed to comply with one or more of the provisions
of NRS 482.38277 or [upholds]decides to uphold the determination of the
Legislative Auditor that the organization has committed improper practices of
financial administration, has filed with the Commission or the Department forms
or records that are inadequate or inaccurate, or has failed to use adequate
methods and procedures to ensure that all money received in the form of
additional fees is expended solely for the benefit of the
intended recipient, the Commission shall issue its decision in writing and may
[require] recommend that the Department:

the benefit of the intended
recipient, the Commission shall
issue its decision in writing and may [require]recommend that the
Department:

(a) Suspend the
collection of all additional fees collected on behalf of the charitable
organization; and

(b) Suspend production
of the particular design of special license plates from which the charitable
organization receives additional fees, if the Department is still producing
that design.

5. If, in accordance with subsection 4,
the Commission recommends that the Department take adverse action against a
charitable organization, the Commission shall notify the charitable
organization, in writing, of that fact within 30 days after making the
recommendation. A charitable organization aggrieved by a recommendation of the
Commission may, within 30 days after the date on which it received notice of
the recommendation, submit to the Department any facts, evidence or other
information that it believes is relevant to the propriety of the Commissions
recommendation. Within 30 days after receiving all facts, evidence and other
relevant information submitted to the Department by the aggrieved charitable
organization, the Department shall render a decision, in writing, as to whether
the Department accepts or rejects the Commissions recommendation. The decision
of the Department is a final decision for the purpose of judicial review.

Sec. 10. NRS
482.555 is hereby amended to read as follows:

482.555 1. In
addition to any other penalty provided by this chapter:

[1.](a) It is a gross
misdemeanor for any person knowingly to falsify:

[(a)](1) A dealers or
rebuilders report of sale, as described in NRS 482.423 and 482.424;

[(b)](2) An application
or document to obtain any license, permit, certificate of title or vehicle
registration issued under the provisions of this chapter; or

[(c)](3) An application
or document to obtain a salvage title or nonrepairable vehicle certificate as
defined in chapter 487 of NRS.

[2.](b) It is a
misdemeanor for any person to violate any of the provisions of this chapter
unless such violation is by this section or other provision of this chapter or
other law of this State declared to be a gross misdemeanor or a felony.

2. The provisions of this section do not
apply to a violation of subsection 3 of NRS 482.367002.

Sec. 11. 1. If,
before July 1, 2013, a person or organization submitted to the Department of
Motor Vehicles an application for a special license plate pursuant to NRS
482.367002 and the application is still pending, the person or organization
shall amend the application to include the information required by paragraphs
(b) and (c) of subsection 2 of NRS 482.367002, as amended by section 2 of this
act.

2. The
provisions of this section do not alter, change or otherwise affect the
issuance of special license plates by the Department in accordance with the
chronological order of their authorization or approval, as described in
subsection 2 of NRS 482.367008.

Sec. 12. The
provisions of this act do not affect the validity of any approval or other
action taken by the Commission on Special License Plates before July 1, 2013.

Sec. 13. This
act becomes effective on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 1484κ

CHAPTER 314, AB 456

Assembly Bill No. 456Committee on Health and Human
Services

CHAPTER 314

[Approved:
June 1, 2013]

AN ACT
relating to health care; requiring that advertisements for health care services
include certain information; requiring a health care professional to
communicate certain information to current and prospective patients;
prescribing the format for certain advertisements and disclosures; requiring a
health care professional to wear a name tag indicating his or her licensure or
certification under certain circumstances; limiting the use of the term board
certified by certain health care professionals; providing that a health care
professional is subject to disciplinary action under certain circumstances; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill requires that an advertisement for health care
services include certain information regarding the qualifications of a health
care professional to whom the advertisement pertains, including information
regarding any license or certification held by the health care professional.
This bill also provides that such advertisements must not include any deceptive
or misleading information. This bill requires a health care professional to
communicate his or her specific licensure to all current and prospective
patients and requires such a communication to include a written disclosure
statement which is conspicuously displayed in the office of the health care
professional and which clearly identifies the type of license held by the
health care professional. This bill requires a health care professional to wear
a name tag indicating his or her licensure or certification while providing
health care services other than sterile procedures in a health care facility.
This bill requires a health care professional to comply, as applicable, with
such advertising and disclosure requirements in each office in which he or she
practices, prescribes the format for certain advertisements and disclosures and
sets forth certain exceptions to such requirements. This bill also prohibits a
health care professional who is a physician or osteopathic physician from using
the term board certified unless he or she discloses the name of the board by
which he or she is certified and the board: (1) is a member board of the
American Board of Medical Specialties or the American Osteopathic Association;
or (2) meets certain other requirements. This bill further provides that a
health care professional who violates the provisions of this bill is subject to
disciplinary action.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
629 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1. Except as otherwise provided in subsection 3:

(a) An
advertisement for health care services that names a health care professional
must identify the type of license or certificate held by the health care
professional and must not contain any deceptive or misleading information. If
an advertisement for health care services is in writing, the information concerning licensure and board certification that
is required pursuant to this section must be prominently displayed in the
advertisement using a font size and style to make the information readily
apparent.

information
concerning licensure and board certification that is required pursuant to this
section must be prominently displayed in the advertisement using a font size
and style to make the information readily apparent.

(b) Except
as otherwise provided in subsection 4, a health care professional who provides
health care services in this State shall affirmatively communicate his or her
specific licensure or certification to all current and prospective patients.
Such communication must include, without limitation, a written patient
disclosure statement that is conspicuously displayed in the office of the
health care professional and which clearly identifies the type of license or
certificate held by the health care professional. The statement must be in a
font size sufficient to make the information reasonably visible.

(c) A
health care professional shall, during the course of providing health care
services other than sterile procedures in a health care facility, wear a name
tag which indicates his or her specific licensure or certification.

(d) A physician or osteopathic physician shall
not hold himself or herself out to the public as board certified in a specialty
or subspecialty, and an advertisement for health care services must not include
a statement that a physician or osteopathic physician is board certified in a
specialty or subspecialty, unless the physician or osteopathic physician
discloses the full and correct name of the board by which he or she is
certified, and the board:

(1) Is a member board of the American
Board of Medical Specialties or the American Osteopathic Association; or

(2) Requires for certification in a
specialty or subspecialty:

(I) Successful completion of a
postgraduate training program which is approved by the Accreditation Council
for Graduate Medical Education or the American Osteopathic Association and
which provides complete training in the specialty or subspecialty;

(II) Prerequisite certification by
the American Board of Medical Specialties or the American Osteopathic
Association in the specialty or subspecialty; and

(III) Successful completion of an
examination in the specialty or subspecialty.

(e) A
health care professional who violates any provision of this section is guilty
of unprofessional conduct and is subject to disciplinary action by the board,
agency or other entity in this State by which he or she is licensed, certified
or regulated.

2. A
health care professional who practices in more than one office shall comply
with the requirements set forth in this section in each office in which he or
she practices.

3. The
provisions of this section do not apply to:

(a) A
veterinarian or other person licensed under chapter 638 of NRS.

(b) A
person who works in or is licensed to operate, conduct, issue a report from or
maintain a medical laboratory under chapter 652 of NRS, unless the person
provides services directly to a patient or the public.

4. The
provisions of paragraph (b) of subsection 1 do not apply to a health care
professional who provides health care services in a medical facility licensed
pursuant to chapter 449 of NRS or a hospital established pursuant to chapter
450 of NRS.

5. As
used in this section:

(a) Advertisement
means any printed, electronic or oral communication or statement that names a
health care professional in relation to the practice, profession or institution
in which the health care professional is employed, volunteers or otherwise
provides health care services. The term includes, without limitation, any
business card, letterhead, patient brochure, pamphlet, newsletter, telephone
directory, electronic mail, Internet website, physician database, audio or
video transmission, direct patient solicitation, billboard and any other
communication or statement used in the course of business.

(c) Health
care facility has the meaning ascribed to it in NRS 449.2414.

(d) Health
care professional means any person who engages in acts related to the
treatment of human ailments or conditions and who is subject to licensure,
certification or regulation by the provisions of this title.

(e) Medical
laboratory has the meaning ascribed to it in NRS 652.060.

(f) Osteopathic
physician has the meaning ascribed to it in NRS 633.091.

(g) Physician
has the meaning ascribed to it in NRS 630.014.

Sec. 3. (Deleted by amendment.)

Sec. 4. This act becomes effective
on January 1, 2014.

________

κ2013
Statutes of Nevada, Page 1487κ

CHAPTER 315, AB 459

Assembly Bill No. 459Committee on Education

CHAPTER 315

[Approved:
June 1, 2013]

AN ACT relating to
school property; authorizing the board of trustees of a school district to
donate surplus personal property of the school district to another school
district; revising provisions relating to the duties of oversight panels for
school facilities; revising provisions governing the submission of a biennial
report to the Legislature with written recommendations for financing the costs
of construction of school facilities by oversight panels for school facilities;
and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law authorizes the board of trustees of a school
district to donate surplus personal property of the school district to any
charter school that is located within the school district without regard to
certain notice, bidding, auction or other requirements relating to the disposal
of personal property of a local government. (NRS 332.185) Section 2 of
this bill authorizes a board of trustees of a school district likewise to donate
surplus personal property to other school districts in this State without
regard to the notice, bidding, auction or other requirements relating to the
disposal of personal property of a local government. Section 1 of this
bill authorizes a board of trustees of a school district to accept a donation
of surplus personal property of another school district.

Existing law requires the board of trustees of a school
district in a county whose population is 100,000 or more (currently Clark and
Washoe Counties) to establish an oversight panel for school facilities. (NRS
393.092) Such an oversight panel is required to submit biennially to the
Legislature written recommendations for financing school construction costs. In
a county whose population is less than 100,000 (currently all counties other
than Clark and Washoe Counties), the board of trustees of the school district
is required to submit biennially to the Legislature written recommendations for
financing school construction costs. (NRS 393.097) Existing law also authorizes
a school district to issue general obligation bonds, after obtaining the
approval of the countys debt management commission, if the issuance of the
bonds is not expected to result in an increase in the existing property tax
levy and the electors have approved a question that authorizes the issuance of
bonds for 10 years after the date of approval. (NRS 350.020) In addition to the
approval of the debt management commission, in a county whose population is
100,000 or more, the school district must obtain the approval of the oversight
panel for school facilities. (NRS 350.020, 393.097) Section 6 of this
bill provides that an oversight panel for school facilities is required to
submit a biennial report to the Legislature with recommendations for financing
school construction costs only if the oversight panel has approved the issuance
of such general obligation bonds. The report must be submitted biennially
during the period in which those bonds are outstanding.

Section 4 of this bill revises the circumstances
under which an oversight panel for school facilities is required to hold
meetings.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
386.390 is hereby amended to read as follows:

386.390 Each board of trustees shall have
the power to accept on behalf of and for the school district [any]:

1. Any
gift or bequest of money or property for a purpose deemed by the
board of trustees to be suitable, and to utilize such money or property for the
purpose so designated[.] ; and

2. Any
donation of surplus personal property of another school district made pursuant
to subsection 2 of NRS 332.185.

Sec. 2. NRS
332.185 is hereby amended to read as follows:

332.185 1. Except as
otherwise provided in subsection 2 and NRS 244.1505 and 334.070, all sales of
personal property of the local government must be made, as nearly as possible,
under the same conditions and limitations as required by this chapter in the
purchase of personal property. The governing body or its authorized
representative may dispose of personal property of the local government by any
manner, including, without limitation, at public auction, if the governing body
or its authorized representative determines that the property is no longer
required for public use and deems such action desirable and in the best
interests of the local government.

2. The board of trustees of a school
district may donate surplus personal property of the school district to any other school district in this State
or to a charter school that is located within the school district
without regard to:

(a) The provisions of this chapter; or

(b) Any statute, regulation, ordinance or
resolution that requires:

(1) The posting of notice or public
advertising.

(2) The inviting or receiving of
competitive bids.

(3) The selling or leasing of personal
property by contract or at a public auction.

3. The provisions of this chapter do not
apply to the purchase, sale, lease or transfer of real property by the
governing body.

Sec. 3. (Deleted
by amendment.)

Sec. 4. NRS
393.092 is hereby amended to read as follows:

393.092 1. The board of
trustees of a school district in a county whose population is 100,000 or more
shall establish an oversight panel for school facilities, consisting of 11
members selected as follows:

(a) Six members who are elected representatives
of local government, to be determined as follows:

(1) One member of the board of county
commissioners appointed by a majority vote of the board of county
commissioners;

(2) One member of the governing body of
each incorporated city in the county, each of whom is appointed by a majority
vote of the governing body of which he or she is a member; and

(3) If the membership determined pursuant
to subparagraphs (1) and (2) is less than six, one additional member of the
board of county commissioners appointed by a majority vote of the board of
county commissioners and, if applicable, additional members of the governing
bodies of incorporated cities in the county, each of whom must be appointed by a majority vote of the governing body of which he or she is
a member, until six members have been appointed.

by a majority vote of the governing body of which he or she
is a member, until six members have been appointed. If the membership
determined pursuant to this paragraph would result in an unequal number of
representatives among the incorporated cities, the membership of the
incorporated cities on the oversight panel must be rotated and the board of
county commissioners shall draw lots to determine which city or cities will be
first represented, which next, and so on.

(b) Five members appointed by the board of
trustees of the county school district to be determined as follows:

(1) One member who has experience in
structural or civil engineering;

(2) One member who has experience in
matters relating to the construction of public works projects;

(3) One member who has experience in the
financing or estimation of the cost of construction projects;

(4) One member who is a representative of
the gaming industry; and

(5) One member who is a representative of
the general public who has an interest in education.

2. After the initial terms, the term of
each member of the oversight panel is 2 years. Members of the oversight panel
are eligible for reappointment.

3. The
oversight panel for school facilities may meet at the call of the chair of the
oversight panel, but is not required to hold meetings except for the purposes
of carrying out its duties pursuant to subsection 4 of NRS 350.020 and NRS
393.097 and, if applicable, for the purposes of carrying out expanded duties pursuant
to NRS 393.096, or unless directed by the board of trustees of the school
district.

Sec. 5. (Deleted
by amendment.)

Sec. 6. NRS
393.097 is hereby amended to read as follows:

393.097 1. [On]If an oversight panel for school
facilities established pursuant to NRS 393.092 approves a request by the board
of trustees of the school district for the issuance of general obligation bonds
pursuant to subsection 4 of NRS 350.020, the oversight panel shall, on or
before July 1 of each even-numbered year [, each oversight panel
for school facilities established in a county whose population is 100,000 or
more pursuant to NRS 393.092]during the period in which those bonds are outstanding,and each board of trustees of a school district in a
county whose population is less than 100,000 shall , on or before July 1 of each even-numbered year,
submit to the Director of the Legislative Counsel Bureau for transmittal to the
next regular session of the Legislature written recommendations for financing
the costs of new construction, design, maintenance and repair of school
facilities.

2. In a county whose population is 100,000
or more,the
oversight panel for school facilities shall review and approve or disapprove a
request by the board of trustees of the school district for the issuance of
general obligation bonds pursuant to subsection 4 of NRS 350.020.

Sec. 7. (Deleted by amendment.)

Sec. 8. This act becomes effective
on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 1490κ

CHAPTER 316, AB 471

Assembly Bill No. 471Committee on Ways and Means

CHAPTER 316

[Approved:
June 1, 2013]

AN ACT making an
appropriation to the Health Division of the Department of Health and Human
Services for the operation of the vital records and statistics program in
Fiscal Year 2012-2013; and providing other matters properly relating thereto.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the State General Fund to the Health Division of the
Department of Health and Human Services the sum of $519,243 for the operation
of the vital records and statistics program in Fiscal Year 2012-2013.

Sec. 2. Any remaining balance of
the appropriation made by section 1 of this act must not be committed for
expenditure after June 30, 2013, by the Health Division of the Department of
Health and Human Services or any entity to which money from the appropriation
is granted or otherwise transferred in any manner, and any portion of the
appropriated money remaining must not be spent for any purpose after September
20, 2013, by either the Health Division of the Department of Health and Human
Services or the entity to which the money was subsequently granted or
transferred, and must be reverted to the State General Fund on or before
September 20, 2013.

Sec. 3. This act becomes effective
upon passage and approval.

________

κ2013
Statutes of Nevada, Page 1491κ

CHAPTER 317, AB 478

Assembly Bill No. 478Committee on Ways and Means

CHAPTER 317

[Approved:
June 1, 2013]

AN ACT making a
supplemental appropriation to the Nevada Highway Patrol Division of the
Department of Public Safety as reimbursement for unanticipated visiting
dignitary protection assignments; and providing other matters properly relating
thereto.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the State General Fund to the Nevada Highway Patrol Division
of the Department of Public Safety the sum of $14,803 as reimbursement for
unanticipated visiting dignitary protection assignments. This appropriation is
supplemental to that made in section 28 of chapter 371, Statutes of Nevada
2011, at page 2161.

AN ACT relating to
water; limiting the amount of the fees that the State Engineer may charge and
collect for certain applications to appropriate water for wildlife purposes
submitted by the Department of Wildlife; and providing other matters properly
relating thereto.

Legislative Counsels Digest:

Existing law requires the State Engineer to collect
certain fees from persons applying to appropriate waters of the State for
wildlife purposes. (NRS 533.435) This bill limits the amount of the fees that
the State Engineer may charge and collect from the Department of Wildlife for
certain applications to appropriate drain and flood waters within the Humboldt
Sink for wildlife purposes.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. The
Legislature hereby finds and declares that, because of the unique and special
conditions of the Humboldt Wildlife Management Area, certain limitations on
fees imposed and collected by the State Engineer are
necessary to allow the Department of Wildlife to maintain the wildlife and
wetlands located within the Humboldt Wildlife Management Area.

are necessary to allow the Department of Wildlife to maintain the
wildlife and wetlands located within the Humboldt Wildlife Management Area. The
Legislature further finds and declares that:

1. In 1975, the Department of Wildlife
submitted four applications to the State Engineer for permission to appropriate
certain drain and flood waters within the Humboldt Sink in the amount of 7,750
cubic feet per second for the purpose of maintaining the wildlife and wetlands
located within the Humboldt Wildlife Management Area.

2. If the applications described in subsection
1 had been approved in 1975, the fees would have totaled $100 for all four
applications.

3. Because of a backlog of applications, the
State Engineer did not process the applications described in subsection 1 until
2008, when the fees totaled $387,500 for all four applications.

4. The water rights described in subsection 1
are necessary to maintain the wildlife and wetlands located within the Humboldt
Wildlife Management Area because:

(a) The drain and flood waters are the only source of
water for the Humboldt Wildlife Management Area;

(b) The groundwater in the Humboldt Wildlife
Management Area and surrounding areas is of poor quality and not suitable for
maintaining the wildlife and wetlands; and

(c) The amount of water necessary to maintain the
wildlife and wetlands is not guaranteed and cannot be provided by the Pershing
County Water Conservation District.

5. Awarding the water rights described in
subsection 1 would not have adverse impacts on irrigation in this State or on
the economy of this State.

6. A special act is necessary to limit the fees
imposed upon the Department of Wildlife to a reasonable amount, and a general
law cannot be made applicable because of the unique circumstances surrounding
the applications and the necessity of the water rights in maintaining the
wildlife and wetlands.

Sec. 2. Notwithstanding the
provisions of NRS 533.435, the State Engineer shall charge and collect a fee of
not more than $1,000 for each of the applications submitted in 1975 by the
Department of Wildlife to appropriate drain and flood waters within the
Humboldt Sink in the amount of 7,750 cubic feet per second for wildlife purposes.

Sec. 3. This act becomes effective
upon passage and approval.

________

κ2013
Statutes of Nevada, Page 1493κ

CHAPTER 319, SB 27

Senate Bill No. 27Committee on Judiciary

CHAPTER 319

[Approved:
June 1, 2013]

AN ACT relating to
legal representation; revising provisions governing the legal representation of
certain persons by the Attorney General or the chief legal officer of a
political subdivision in civil actions relating to certain public duties or employment;
revising provisions concerning the crime of unlawfully soliciting legal
business; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, the Attorney General provides legal
counsel to any present or former officer or employee of the State, any immune
contractor or any State Legislator in a civil action brought against that
person based on any alleged act or omission relating to the persons public
duty or employment if: (1) the person submits a written request for such legal
counsel; and (2) the Attorney General determines that it appears that the
person was acting within the course and scope of his or her public duty or
employment and in good faith. In addition, under existing law, the chief legal
officer or other authorized legal representative of a political subdivision of
this State provides legal counsel to any present or former officer of that
political subdivision or a present or former member of a local board or
commission if: (1) the person submits a written request for such legal counsel;
and (2) the chief legal officer or authorized legal representative determines
that it appears that the person was acting within the scope of his or her
public duty or employment and in good faith. (NRS 41.0339)

Sections 2-3and 3.7-8 of this bill clarify
existing law by specifically requiring: (1) the Attorney General to provide
legal counsel under these circumstances to any present or former justice of the
Supreme Court, senior justice, judge of a district court or senior judge; and
(2) the chief legal officer or other authorized legal representative of a
political subdivision of this State to provide legal counsel under these
circumstances to any present or former justice of the peace, senior justice of
the peace, municipal judge or senior municipal judge of that political
subdivision. In addition, sections 2-3and 3.7-8 require the
Attorney General or the chief legal officer or other authorized legal
representative of a political subdivision of this State to provide counsel for
certain persons who are not employees or officers of the State or political
subdivision but who are named as defendants in a civil action solely because of
an alleged act or omission relating to the public duties or employment of certain
officers or employees of the State or political subdivision.

Section 3.3 of this bill clarifies that the
statutory provisions relating to legal representation in civil actions relating
to the public duties or employment of such persons do not abrogate, alter or
affect the immunity of such persons under other law.

Existing law establishes the crime of unlawful
solicitation of legal business and provides that a person who commits this
crime is guilty of a misdemeanor. (NRS 7.045) Section 8.3 of this bill
revises the acts which constitute the crime of unlawful solicitation of legal
business.

Section 8.5 of this bill provides that for the
78th Session of the Nevada Legislature, the Director of the Department of
Administration must include the biennial cost of implementing this bill in the
Attorney Generals cost allocation plan.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
41 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 3.3, inclusive, of this act.

Sec. 2. As used in NRS 41.0338 to 41.0347, inclusive, and sections 2
to 3.3, inclusive, of this act, unless the context otherwise requires, the
words and terms defined in NRS 41.0338 and sections 2.5 and 3 of this act have
the meanings ascribed to them in those sections.

Sec. 3. State judicial officer means a justice of the Supreme
Court, senior justice, judge of a district court or senior judge.

Sec. 3.3. The provisions of NRS 41.0338 to 41.0347, inclusive, and
sections 2 to 3.3, inclusive, of this act do not abrogate or otherwise alter or
affect any immunity from, or protection against, any civil action or civil
liability which is provided by law to a local judicial officer, state judicial
officer, officer or employee of this State or a political subdivision of this
State, immune contractor, State Legislator, member of a state board or
commission or member of a local board or commission for any act or omission
relating to the persons public duties or employment.

Sec. 3.7. NRS
41.0337 is hereby amended to read as follows:

41.0337 1. No tort action arising out of
an act or omission within the scope of a persons public duties or employment
may be brought against any present or former:

[1.](a) Local judicial officer or state judicial officer;

(b) Officer
or employee of the State or of any political subdivision;

[2.](c) Immune contractor; or

[3.](d) State Legislator,

Κ unless the
State or appropriate political subdivision is named a party defendant under NRS
41.031.

2. No
tort action may be brought against a person who is named as a defendant in the
action solely because of an alleged act or omission relating to the public
duties or employment of any present or former:

(a) Local
judicial officer or state judicial officer;

(b) Officer
or employee of the State or of any political subdivision;

(c) Immune
contractor; or

(d) State
Legislator,

Κ unless the State or appropriate
political subdivision is named a party defendant under NRS 41.031.

3. As
used in this section:

(a) Local
judicial officer has the meaning ascribed to it in section 2.5 of this act.

(b) State
judicial officer has the meaning ascribed to it in section 3 of this act.

(a) A
present or former
state judicial officer, State Legislator, officer or employee of
this State, immune contractor or member of a state board or commission[.] ; or

(b) A
person who is named as a defendant in the action solely because of an alleged
act or omission relating to the public duties or employment of a person listed
in paragraph (a).

2. The chief legal officer or other
authorized legal representative of a political subdivision, in an action which
involves [a]:

(a) A present
or former local judicial officer
of that political subdivision, a present or former officer or
employee of that political subdivision or a present or former member of a local
board or commission [.]; or

(b) A person
who is named as a defendant in the action solely because of an alleged act or
omission relating to the public duties or employment of a person listed in
paragraph (a).

Sec. 5. NRS
41.0339 is hereby amended to read as follows:

41.0339 1. The official attorney shall
provide for the defense, including the defense of cross-claims and
counterclaims, of any present or former local judicial officer, state judicial officer,
officer or employee of the State or a political subdivision, immune contractor
or State Legislator in any civil action brought against that person based on
any alleged act or omission relating to the persons public duties or
employment , or any other person
who is named as a defendant in a civil action solely because of an alleged act
or omission relating to the public duties or employment of a local judicial
officer, state judicial officer, officer or employee of the State or a
political subdivision, immune contractor or State Legislator, if:

[1.](a) Within 15 days after service of a
copy of the summons and complaint or other legal document commencing the
action, the person submits a written request for defense:

[(a)](1) To the official attorney; or

[(b)](2) If the officer, employee or immune
contractor has an administrative superior, to the administrator of the persons
agency and the official attorney; and

[2.](b) The official attorney has determined
that the act or omission on which the action is based appears to be within the
course and scope of public duty or employment and appears to have been
performed or omitted in good faith.

2. If
the official attorney determines that it is impracticable, uneconomical or
could constitute a conflict of interest for the legal service to be rendered by
the official attorney or a deputy of the official attorney, the official
attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344,
whichever is applicable.

Sec. 6. NRS
41.0341 is hereby amended to read as follows:

41.0341 If the complaint is filed in a
court of this state:

1. The local judicial officer,state judicial officer, officer, employee,
board or commission member ,[or] State Legislator[;]or other person for whom the official
attorney is required to provide a defense pursuant to NRS 41.0339; and

2. The state or any political subdivision
named as a party defendant,

Κ each has 45
days after their respective dates of service to file an answer or other
responsive pleading.

41.0346 1. At
any time after the official attorney has appeared in any civil action and
commenced to defend any person sued as a local judicial officer, state judicial officer, public
officer, employee, immune contractor, member of a board or commission, [or]
State Legislator[,]or any other person defended by
the official attorney pursuant to NRS 41.0339, the official
attorney may apply to any court to withdraw as the attorney of record for that
person based upon:

(a) Discovery of any
new material fact which was not known at the time the defense was tendered and
which would have altered the decision to tender the defense;

(b) Misrepresentation
of any material fact by the person requesting the defense, if that fact would
have altered the decision to tender the defense if the misrepresentation had
not occurred;

(c) Discovery of any
mistake of fact which was material to the decision to tender the defense and
which would have altered the decision but for the mistake;

(d) Discovery of any
fact which indicates that the act or omission on which the civil action is
based was not within the course and scope of public duty or employment or was
wanton or malicious;

(e) Failure of the
defendant to cooperate in good faith with the defense of the case; or

(f) If the action has
been brought in a court of competent jurisdiction of this state, failure to
name the State or political subdivision as a party defendant, if there is
sufficient evidence to establish that the civil action is clearly not based on
any act or omission relating to the [defendants]
public [duty]duties or employment[.] of a local judicial officer, state
judicial officer, public officer, employee, immune contractor, member of a
board or commission or State Legislator.

2. If any court
grants a motion to withdraw on any of the grounds set forth in subsection 1
brought by the official attorney, the State or political subdivision has no
duty to continue to defend any person who is the subject of the motion to
withdraw.

Sec. 8. NRS
41.0347 is hereby amended to read as follows:

41.0347 1. If the official attorney does not provide for the defense of
a present or former local
judicial officer,state judicial officer, officer, employee, immune contractor, member of a board or
commission of the State or any political subdivision or [of
a] State Legislator in any civil
action in which the State or political subdivision is also a named defendant,
or which was brought in a court other than a court of competent jurisdiction of
this state, and if it is judicially determined that the injuries arose out of
an act or omission of that person during the performance of any duty within the
course and scope of the persons public duty or employment and that the
persons act or omission was not wanton or malicious:

[1.](a) If the Attorney General was responsible for providing
the defense, the State is liable to that person for reasonable expenses in
prosecuting the persons own defense, including court costs and attorneys
fees. These expenses must be paid, upon approval by the State Board of
Examiners, from the Reserve for Statutory Contingency Account.

[2.](b) If the chief legal officer or attorney of a political
subdivision was responsible for providing the defense, the political subdivision
is liable to that person for reasonable expenses in carrying on the persons
own defense, including court costs and attorneys fees.

2. If the official attorney does not
provide for the defense of a person who is named a defendant in any civil
action solely because of an alleged act or omission relating to the public
duties or employment of a present or former local judicial officer, state
judicial officer, officer or employee of the State or any political
subdivision, immune contractor or State Legislator and the State or political
subdivision is also named a defendant, or the civil action was brought in a
court other than a court of competent jurisdiction of this State, and if it is
judicially determined that the injuries arose out of an act or omission of a
local judicial officer, state judicial officer, officer or employee of the
State or any political subdivision, immune contractor or State Legislator
during the performance of any duty within the course and scope of such a
persons public duty or employment and that the persons act or omission was
not wanton or malicious:

(a) If the Attorney General was responsible for
providing the defense, the State is liable to the person for reasonable
expenses in prosecuting the persons own defense, including court costs and
attorneys fees. These expenses must be paid, upon approval by the State Board
of Examiners, from the Reserve for Statutory Contingency Account.

(b) If the chief legal officer or attorney of a
political subdivision was responsible for providing the defense, the political
subdivision is liable to that person for reasonable expenses in carrying on the
persons own defense, including court costs and attorneys fees.

Sec. 8.3. NRS
7.045 is hereby amended to read as follows:

7.045 1. [It]Except as otherwise provided in
this section, it shall be unlawful for [any person or persons
within the State of Nevada, unless the person or persons be an attorney at law
or attorneys at law, licensed and entitled to practice law under and by virtue
of the laws of the State of Nevada,]a person, in exchange for compensation, to
solicit[,
influence or procure, or aid or participate in soliciting, influencing or
procuring any person within this state]a tort victim to employ,
hire or retain any attorney at law
:[within this state for any legal service whatsoever, when such
person or persons first hereinabove mentioned shall have, either before or
after so soliciting, influencing or procuring, or aiding or participating
therein as aforesaid, accepted or received or have been offered or promised
from such attorney last mentioned, either directly or indirectly, any benefit,
service, money, commission, property or any other thing of value, as
consideration therefor, or compensation therefor, or reward therefor, or
remuneration therefor, or in recognition thereof.]

(a) At the scene of a traffic accident that may result
in a civil action;
or

(b) At a county or city jail or detention
facility.

2. It is unlawful for a person to conspire
with another person to commit an act which violates the provisions of
subsection 1.

3. This section does not prohibit or
restrict:

(a) A recommendation for the employment, hiring
or retention of an attorney at law in a manner that complies with the Nevada
Rules of Professional Conduct.

(b) The solicitation of motor vehicle repair or
storage services by a tow car operator.

(c) Any activity engaged in by police, fire or
emergency medical personnel acting in the normal course of duty.

(d) A communication by a tort victim with the
tort victims insurer concerning the investigation of a claim or settlement of
a claim for property damage.

(e) Any
inquiries or advertisements performed in the ordinary course of a persons
business.

4. A
tort victim may void any contract, agreement or obligation that is made,
obtained, procured or incurred in violation of this section.

5. Any
person who violates any of the provisions of [subsection 1 shall be]this sectionis guilty of a misdemeanor.

6. As
used in this section, tort victim means a person:

(a) Whose property has been damaged as a result of any accident
that may result in a civil action, criminal action or claim for tort damages by
or against another person;

(b) Who has been injured or killed as a result of any accident
that may result in a civil action, criminal action or claim for tort damages by
or against another person; or

(c) A
parent, guardian, spouse, sibling or child of a person who has died as a result
of any accident that may result in a civil action, criminal action or claim for
tort damages by or against another person.

Sec. 8.5. For the 78th Session of the Nevada Legislature, in accordance with the
provisions of subsection 2 of NRS 228.113, the Director of the Department of
Administration shall include the biennial cost of implementing the provisions
of this act in the Attorney Generals cost allocation plan.

Sec. 9. This act becomes effective
on July 1, 2013.

________

CHAPTER 320, SB 55

Senate Bill No. 55Committee on Government Affairs

CHAPTER 320

[Approved:
June 1, 2013]

AN ACT relating to
land use planning; revising provisions governing the subject matter of master
plans; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law sets forth the subject matter that may be
included in a master plan and specifies 19 separate plans and other items that
may be so included, with the exception of certain cities and counties who must
include all or a portion of certain elements in a master plan. (NRS
278.150-278.170) Section 3 of this bill reorganizes the 19 separate
plans and other items into 8 different elements that may comprise a master
plan. Pursuant to this reorganization, a master plan may now include: (1) a
conservation element; (2) a historic preservation element; (3) a housing
element; (4) a land use element; (5) a public facilities and services element;
(6) a recreation and open space element; (7) a safety element; and (8) a transportation
element.

Existing law provides that in a county whose population
is 100,000 or more but less than 700,000 (currently Washoe County), if a
planning commission or governing body of a city or county adopts only a portion
of the master plan, the following must be included in the master plan: (1) a
conservation plan; (2) a housing plan; and (3) a population plan. (NRS 278.150,
278.170) Sections 2and 4 of this bill provide that if a planning
commission or governing body in such a county adopts only a portion of a master
plan, the following must be included in the master plan: (1) a conservation
plan of the conservation element; (2) the housing element; and (3) a population
plan of the public facilities and services element.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
278.02556 is hereby amended to read as follows:

278.02556 Except as otherwise provided in
this section, a governing body, regional agency, state agency or public utility
that is located in whole or in part within the region shall not adopt a master
plan, facilities plan or other similar plan, or an amendment thereto, after
March 1, 2001, unless the regional planning coalition has been afforded an
opportunity to make recommendations regarding the plan or amendment. A
governing body, regional agency, state agency or public utility may adopt an
amendment to a land use plan described in [paragraph (g) of
subsection 1 of] NRS 278.160 without affording the
regional planning coalition the opportunity to make recommendations regarding
the amendment.

Sec. 2. NRS
278.150 is hereby amended to read as follows:

278.150 1. The planning
commission shall prepare and adopt a comprehensive, long-term general plan for
the physical development of the city, county or region which in the
commissions judgment bears relation to the planning thereof.

2. The plan must be known as the master
plan, and must be so prepared that all or portions thereof, except as otherwise
provided in subsections 3 and 4, may be adopted by the governing body, as
provided in NRS 278.010 to 278.630, inclusive, as a basis for the development
of the city, county or region for such reasonable period of time next ensuing
after the adoption thereof as may practically be covered thereby.

3. In counties whose population is 100,000
or more but less than 700,000, if the governing body of the city or county
adopts only a portion of the master plan, it shall include in that portion [a]:

(a) A
conservation plan[,
a]of the
conservation element, as described in subparagraph (1) of paragraph (a) of
subsection 1 of NRS 278.160;

(b) The
housing [plan]element, as described in paragraph (c) of subsection 1 of
NRS 278.160; and [a]

(c) A
population plan [as provided in]of the public facilities and services element, as described
in subparagraph (2) of paragraph (e) of subsection 1 of NRS
278.160.

4. In counties whose population is 700,000
or more, the governing body of the city or county shall adopt a master plan for
all of the city or county that must address each of the [subjects]elements set forth
in [subsection 1 of] NRS 278.160.

Sec. 3. NRS
278.160 is hereby amended to read as follows:

278.160 1. Except as
otherwise provided in this section
and [subsection]subsections 3 and 4 of NRS 278.150 and [subsection]subsections 2 and 3
of NRS 278.170, the master plan, with the accompanying charts, drawings,
diagrams, schedules and reports, may include such of the following [subject
matter]elements
or portions thereof as are appropriate to the city, county or
region, and as may be made the basis for the physical development thereof:

(a) [Community design.
Standards and principles governing the subdivision of land and suggestive
patterns for community design and development.

(b) Conservation
plan. For the conservation, development and utilization of natural resources,
including, without limitation, water and its hydraulic force, underground
water, water supply, solar or wind energy, forests, soils, rivers and other
waters, harbors, fisheries, wildlife, minerals and other natural resources. The
plan must also cover the reclamation of land and waters, flood control,
prevention and control of the pollution of streams and other waters, regulation
of the use of land in stream channels and other areas required for the
accomplishment of the conservation plan, prevention, control and correction of
the erosion of soils through proper clearing, grading and landscaping, beaches
and shores, and protection of watersheds. The plan must also indicate the
maximum tolerable level of air pollution.

(c) Economic
plan. Showing recommended schedules for the allocation and expenditure of
public money in order to provide for the economical and timely execution of the
various components of the plan.

(d) Historic
neighborhood preservation plan. The plan:

(1) Must
include, without limitation:

(I) A
plan to inventory historic neighborhoods.

(II) A
statement of goals and methods to encourage the preservation of historic neighborhoods.

(2) May
include, without limitation, the creation of a commission to monitor and
promote the preservation of historic neighborhoods.

(e) Historical
properties preservation plan. An inventory of significant historical,
archaeological, paleontological and architectural properties as defined by a
city, county or region, and a statement of methods to encourage the
preservation of those properties.

(f) Housing
plan. The housing plan must include, without limitation:

(1) An
inventory of housing conditions, needs and plans and procedures for improving
housing standards and for providing adequate housing to individuals and
families in the community, regardless of income level.

(2) An
inventory of existing affordable housing in the community, including, without
limitation, housing that is available to rent or own, housing that is
subsidized either directly or indirectly by this State, an agency or political
subdivision of this State, or the Federal Government or an agency of the
Federal Government, and housing that is accessible to persons with
disabilities.

(3) An
analysis of projected growth and the demographic characteristics of the
community.

(4) A
determination of the present and prospective need for affordable housing in the
community.

(5) An
analysis of any impediments to the development of affordable housing and the
development of policies to mitigate those impediments.

(6) An
analysis of the characteristics of the land that is suitable for residential
development. The analysis must include, without limitation:

(I) A
determination of whether the existing infrastructure is sufficient to sustain
the current needs and projected growth of the community; and

(II) An
inventory of available parcels that are suitable for residential development
and any zoning, environmental and other land-use planning restrictions that
affect such parcels.

(II) The
coordination and compatibility of land uses with any military installation in
the city, county or region, taking into account the location, purpose and stated
mission of the military installation.

(2) May
include a provision concerning the acquisition and use of land that is under
federal management within the city, county or region, including, without
limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

(h) Population
plan. An estimate of the total population which the natural resources of the
city, county or region will support on a continuing basis without unreasonable
impairment.

(i) Public
buildings. Showing locations and arrangement of civic centers and all other
public buildings, including the architecture thereof and the landscape
treatment of the grounds thereof.

(j) Public
services and facilities. Showing general plans for sewage, drainage and
utilities, and rights-of-way, easements and facilities therefor, including,
without limitation, any utility projects required to be reported pursuant to
NRS 278.145.

(l) Rural
neighborhoods preservation plan. In any county whose population is 700,000 or
more, showing general plans to preserve the character and density of rural
neighborhoods.

(m) Safety
plan. In any county whose population is 700,000 or more, identifying potential
types of natural and man-made hazards, including, without limitation, hazards
from floods, landslides or fires, or resulting from the manufacture, storage,
transfer or use of bulk quantities of hazardous materials. The plan may set
forth policies for avoiding or minimizing the risks from those hazards.

(n) School
facilities plan. Showing the general locations of current and future school
facilities based upon information furnished by the appropriate local school
district.

(o) Seismic
safety plan. Consisting of an identification and appraisal of seismic hazards such
as susceptibility to surface ruptures from faulting, to ground shaking or to
ground failures.

(q) Streets
and highways plan. Showing the general locations and widths of a comprehensive
system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof,
building line setbacks, and a system of naming or numbering streets and
numbering houses, with recommendations concerning proposed changes.

(s) Transportation
plan. Showing a comprehensive transportation system, including, without
limitation, locations of rights-of-way, terminals, viaducts and grade
separations. The plan may also include port, harbor, aviation and related
facilities.]
A conservation element, which must include:

(1) A
conservation plan for the conservation, development and utilization of natural
resources, including, without limitation, water and its hydraulic force,
underground water, water supply, solar or wind energy, forests, soils, rivers
and other waters, harbors, fisheries, wildlife, minerals and other natural
resources. The conservation plan must also cover the reclamation of land and
waters, flood control, prevention and control of the pollution of streams and
other waters, regulation of the use of land in stream channels and other areas
required for the accomplishment of the conservation plan, prevention, control
and correction of the erosion of soils through proper clearing, grading and
landscaping, beaches and shores, and protection of watersheds. The conservation
plan must also indicate the maximum tolerable level of air pollution.

(2) A
solid waste disposal plan showing general plans for the disposal of solid
waste.

(b) A
historic preservation element, which must include:

(1) A
historic neighborhood preservation plan which:

(I) Must
include, without limitation, a plan to inventory historic neighborhoods and a
statement of goals and methods to encourage the preservation of historic
neighborhoods.

(II) May
include, without limitation, the creation of a commission to monitor and
promote the preservation of historic neighborhoods.

(2) A
historical properties preservation plan setting forth an inventory of
significant historical, archaeological, paleontological and architectural
properties as defined by a city, county or region, and a statement of methods
to encourage the preservation of those properties.

(c) A
housing element, which must include, without limitation:

(1) An
inventory of housing conditions and needs, and plans and procedures for
improving housing standards and providing adequate housing to individuals and
families in the community, regardless of income level.

(2) An
inventory of existing affordable housing in the community, including, without
limitation, housing that is available to rent or own, housing that is
subsidized either directly or indirectly by this State, an agency or political
subdivision of this State, or the Federal Government or an agency of the
Federal Government, and housing that is accessible to persons with
disabilities.

(3) An
analysis of projected growth and the demographic characteristics of the
community.

(4) A
determination of the present and prospective need for affordable housing in the
community.

(5) An
analysis of any impediments to the development of affordable housing and the
development of policies to mitigate those impediments.

(6) An
analysis of the characteristics of the land that is suitable for residential
development. The analysis must include, without limitation:

(I) A
determination of whether the existing infrastructure is sufficient to sustain
the current needs and projected growth of the community; and

(II) An
inventory of available parcels that are suitable for residential development
and any zoning, environmental and other land-use planning restrictions that
affect such parcels.

(7) An
analysis of the needs and appropriate methods for the construction of
affordable housing or the conversion or rehabilitation of existing housing to
affordable housing.

(8) A
plan for maintaining and developing affordable housing to meet the housing
needs of the community for a period of at least 5 years.

(d) A
land use element, which must include:

(1) Provisions
concerning community design, including standards and principles governing the
subdivision of land and suggestive patterns for community design and
development.

(2) A
land use plan, including an inventory and classification of types of natural
land and of existing land cover and uses, and comprehensive plans for the most
desirable utilization of land. The land use plan:

(I) Must,
if applicable, address mixed-use development, transit-oriented development,
master-planned communities and gaming enterprise districts. The land use plan
must also, if applicable, address the coordination and compatibility of land
uses with any military installation in the city, county or region, taking into
account the location, purpose and stated mission of the military installation.

(II) May
include a provision concerning the acquisition and use of land that is under
federal management within the city, county or region, including, without
limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

(3) In
any county whose population is 700,000 or more, a rural neighborhoods
preservation plan showing general plans to preserve the character and density
of rural neighborhoods.

(e) A
public facilities and services element, which must
include:

(1) An
economic plan showing recommended schedules for the allocation and expenditure
of public money to provide for the economical and timely execution of the
various components of the plan.

(2) A
population plan setting forth an estimate of the total population which the
natural resources of the city, county or region will support on a continuing
basis without unreasonable impairment.

(3) Provisions
concerning public buildings showing the locations and arrangement of civic
centers and all other public buildings, including the architecture thereof and
the landscape treatment of the grounds thereof.

(4) Provisions
concerning public services and facilities showing general plans for sewage,
drainage and utilities, and rights-of-way, easements and facilities therefor,
including, without limitation, any utility projects required to be reported
pursuant to NRS 278.145. If a public utility which provides electric service notifies the planning
commission that a new transmission line or substation will be required to
support the master plan, those facilities must be included in the master plan.

which provides
electric service notifies the planning commission that a new transmission line
or substation will be required to support the master plan, those facilities
must be included in the master plan. The utility is not required to obtain an
easement for any such transmission line as a prerequisite to the inclusion of
the transmission line in the master plan.

(5) A
school facilities plan showing the general locations of current and future
school facilities based upon information furnished by the appropriate county
school district.

(f) A
recreation and open space element, which must include a recreation plan showing a
comprehensive system of recreation areas, including, without limitation,
natural reservations, parks, parkways, trails, reserved riverbank strips,
beaches, playgrounds and other recreation areas, including, when practicable,
the locations and proposed development thereof.

(g) A
safety element, which must include:

(1) In
any county whose population is 700,000 or more, a safety plan identifying
potential types of natural and man-made hazards, including, without limitation,
hazards from floods, landslides or fires, or resulting from the manufacture,
storage, transfer or use of bulk quantities of hazardous materials. The safety
plan may set forth policies for avoiding or minimizing the risks from those
hazards.

(2) A
seismic safety plan consisting of an identification and appraisal of seismic
hazards such as susceptibility to surface ruptures from faulting, to ground
shaking or to ground failures.

(h) A
transportation element, which must include:

(1) A
streets and highways plan showing the general locations and widths of a
comprehensive system of major traffic thoroughfares and other traffic ways and
of streets and the recommended treatment thereof, building line setbacks, and a
system of naming or numbering streets and numbering houses, with
recommendations concerning proposed changes.

(3) A
transportation plan showing a comprehensive transportation system, including,
without limitation, locations of rights-of-way, terminals, viaducts and grade
separations. The transportation plan may also include port, harbor, aviation
and related facilities.

2. The commission may prepare and adopt,
as part of the master plan, other and additional plans and reports dealing with
such other [subjects]elements as may in its judgment relate to the
physical development of the city, county or region, and nothing contained in
NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of
any such [subject]element as a part of the master plan.

Sec. 4. NRS
278.170 is hereby amended to read as follows:

278.170 1. Except as
otherwise provided in subsections 2 and 3, the commission may prepare and adopt
all or any part of the master plan or any [subject]element thereof for
all or any part of the city, county or region. Master regional plans must be
coordinated with similar plans of adjoining regions, and master county and city
plans within each region must be coordinated so as to fit properly into the
master plan for the region.

2. In counties whose population is 100,000
or more but less than 700,000, if the commission prepares and adopts less than
all [subjects]elements of the master plan, as outlined in
NRS 278.160, it shall include, in its preparation and adoption[, the]:

(a) A
conservation[,]plan of the conservation element,
as described in subparagraph (1) of paragraph (a) of subsection 1 of NRS
278.160;

(b) The
housing element, as
described in paragraph (c) of subsection 1 of NRS 278.160; and

(c) A
population [plans]plan of the public facilities and services element, as described
in [that section.] subparagraph (2) of paragraph (e) of subsection 1 of NRS
278.160.

3. In counties whose population is 700,000
or more, the commission shall prepare and adopt a master plan for all of the
city or county that must address each of the [subjects]elements set forth
in [subsection 1 of] NRS 278.160.

Sec. 5. NRS
278.210 is hereby amended to read as follows:

278.210 1. Before adopting
the master plan or any part of it in accordance with NRS 278.170, or any
substantial amendment thereof, the commission shall hold at least one public
hearing thereon, notice of the time and place of which must be given at least
by one publication in a newspaper of general circulation in the city or county,
or in the case of a regional planning commission, by one publication in a
newspaper in each county within the regional district, at least 10 days before
the day of the hearing.

2. Before a public hearing may be held
pursuant to subsection 1 in a county whose population is 100,000 or more on an
amendment to a master plan, including, without limitation, a gaming enterprise
district, if applicable, the person who requested the proposed amendment must
hold a neighborhood meeting to provide an explanation of the proposed
amendment. Notice of such a meeting must be given by the person requesting the
proposed amendment to:

(a) Each owner, as listed on the county
assessors records, of real property located within a radius of 750 feet of the
area to which the proposed amendment pertains;

(b) The owner, as listed on the county assessors
records, of each of the 30 separately owned parcels nearest to the area to
which the proposed amendment pertains, to the extent this notice does not
duplicate the notice given pursuant to paragraph (a);

(c) Each tenant of a mobile home park if that
park is located within a radius of 750 feet of the area to which the proposed
amendment pertains; and

(d) If a military installation is located within
3,000 feet of the area to which the proposed amendment pertains, the commander
of the military installation.

Κ The notice
must be sent by mail at least 10 days before the neighborhood meeting and
include the date, time, place and purpose of the neighborhood meeting.

3. Except as otherwise provided in NRS
278.225, the adoption of the master plan, or of any amendment, extension or
addition thereof, must be by resolution of the commission carried by the
affirmative votes of not less than two-thirds of the total membership of the
commission. The resolution must refer expressly to the maps, descriptive matter
and other matter intended by the commission to constitute
the plan or any amendment, addition or extension thereof, and the action taken
must be recorded on the map and plan and descriptive matter by the identifying
signatures of the secretary and chair of the commission.

the commission to constitute the plan or any amendment,
addition or extension thereof, and the action taken must be recorded on the map
and plan and descriptive matter by the identifying signatures of the secretary
and chair of the commission.

4. Except as otherwise provided in NRS
278.225, no plan or map, hereafter, may have indicated thereon that it is a
part of the master plan until it has been adopted as part of the master plan by
the commission as herein provided for the adoption thereof, whenever changed
conditions or further studies by the commission require such amendments,
extension or addition.

5. Except as otherwise provided in this
subsection, the commission shall not amend the land use plan of the master plan
set forth in [paragraph (g) of subsection 1 of] NRS
278.160, or any portion of such a land use plan, more than four times in a
calendar year. The provisions of this subsection do not apply to:

(a) A change in the land use designated for a
particular area if the change does not affect more than 25 percent of the area;
or

(b) A minor amendment adopted pursuant to NRS
278.225.

6. An attested copy of any part,
amendment, extension of or addition to the master plan adopted by the planning
commission of any city, county or region in accordance with NRS 278.170 must be
certified to the governing body of the city, county or region. The governing
body of the city, county or region may authorize such certification by
electronic means.

7. An attested copy of any part,
amendment, extension of or addition to the master plan adopted by any regional
planning commission must be certified to the county planning commission and to
the board of county commissioners of each county within the regional district.
The county planning commission and board of county commissioners may authorize
such certification by electronic means.

Sec. 6. NRS
278.230 is hereby amended to read as follows:

278.230 1. Except as
otherwise provided in subsection 4 of NRS 278.150, whenever the governing body
of any city or county has adopted a master plan or part thereof for the city or
county, or for any major section or district thereof, the governing body shall,
upon recommendation of the planning commission, determine upon reasonable and
practical means for putting into effect the master plan or part thereof, in
order that the same will serve as:

(a) A pattern and guide for that kind of orderly
physical growth and development of the city or county which will cause the
least amount of natural resource impairment and will conform to the adopted
population plan, where required, and ensure an adequate supply of housing,
including affordable housing; and

(b) A basis for the efficient expenditure of
funds thereof relating to the [subjects]elements of the master plan.

2. The governing body may adopt and use
such procedure as may be necessary for this purpose.

Sec. 7. NRS
278.235 is hereby amended to read as follows:

278.235 1. If the governing
body of a city or county is required to include [a]the housing [plan]element in its
master plan pursuant to NRS 278.150, the governing body, in carrying out the
plan for maintaining and developing affordable housing to meet the housing
needs of the community, which is required to be included in the housing [plan]element pursuant to subparagraph (8) of paragraph [(f)] (c) of
subsection 1 of NRS 278.160, shall adopt at least six of the following
measures:

pursuant to subparagraph (8) of paragraph [(f)] (c) of subsection 1 of
NRS 278.160, shall adopt at least six of the following measures:

(a) At the expense of the city or county, as
applicable, subsidizing in whole or in part impact fees and fees for the
issuance of building permits collected pursuant to NRS 278.580.

(b) Selling land owned by the city or county, as
applicable, to developers exclusively for the development of affordable housing
at not more than 10 percent of the appraised value of the land, and requiring
that any such savings, subsidy or reduction in price be passed on to the
purchaser of housing in such a development. Nothing in this paragraph
authorizes a city or county to obtain land pursuant to the power of eminent
domain for the purposes set forth in this paragraph.

(c) Donating land owned by the city or county to
a nonprofit organization to be used for affordable housing.

(d) Leasing land by the city or county to be used
for affordable housing.

(e) Requesting to purchase land owned by the
Federal Government at a discounted price for the creation of affordable housing
pursuant to the provisions of section 7(b) of the Southern Nevada Public Land
Management Act of 1998, Public Law 105-263.

(f) Establishing a trust fund for affordable
housing that must be used for the acquisition, construction or rehabilitation
of affordable housing.

(g) Establishing a process that expedites the
approval of plans and specifications relating to maintaining and developing
affordable housing.

(h) Providing money, support or density bonuses
for affordable housing developments that are financed, wholly or in part, with
low-income housing tax credits, private activity bonds or money from a
governmental entity for affordable housing, including, without limitation,
money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

(i) Providing financial incentives or density
bonuses to promote appropriate transit-oriented housing developments that would
include an affordable housing component.

(j) Offering density bonuses or other incentives
to encourage the development of affordable housing.

(k) Providing direct financial assistance to
qualified applicants for the purchase or rental of affordable housing.

(l) Providing money for supportive services necessary
to enable persons with supportive housing needs to reside in affordable housing
in accordance with a need for supportive housing identified in the 5-year
consolidated plan adopted by the United States Department of Housing and Urban
Development for the city or county pursuant to 42 U.S.C. § 12705 and described
in 24 C.F.R. Part 91.

2. On or before January 15 of each year,
the governing body shall submit to the Housing Division of the Department of
Business and Industry a report, in the form prescribed by the Division, of how
the measures adopted pursuant to subsection 1 assisted the city or county in
maintaining and developing affordable housing to meet the needs of the
community for the preceding year. The report must include an analysis of the need
for affordable housing within the city or county that exists at the end of the
reporting period.

3. On or before February 15 of each year,
the Housing Division shall compile the reports submitted pursuant to subsection
2 and transmit the compilation to the Legislature, or the Legislative
Commission if the Legislature is not in regular session.

Sec. 8. NRS
278.240 is hereby amended to read as follows:

278.240 Whenever the governing body of a
city, county or region has adopted a master plan, or one or more [subject
matters]elements
thereof, for the city, county or region, or for a major section
or district thereof, no street, square, park, or other public way, ground, or
open space may be acquired by dedication or otherwise, except by bequest, and
no street or public way may be closed or abandoned, and no public building or
structure may be constructed or authorized in the area for which the master
plan or one or more [subject matters]elements thereof has been adopted by the
governing body unless the dedication, closure, abandonment, construction or
authorization is approved in a manner consistent with the requirements of the
governing body, board or commission having jurisdiction over such a matter.

Sec. 9. NRS
278.4787 is hereby amended to read as follows:

278.4787 1. Except as
otherwise provided in subsection 5, a person who proposes to divide land for transfer
or development into four or more lots pursuant to NRS 278.360 to 278.460,
inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation
of an association for a common-interest community, request the governing body
of the jurisdiction in which the land is located to assume the maintenance of
one or more of the following improvements located on the land:

(a) Landscaping;

(b) Public lighting;

(c) Security walls; and

(d) Trails, parks and open space which provide a
substantial public benefit or which are required by the governing body for the
primary use of the public.

2. A governing body shall establish by
ordinance a procedure pursuant to which a request may be submitted pursuant to
subsection 1 in the form of a petition, which must be signed by a majority of
the owners whose property will be assessed and which must set forth
descriptions of all tracts of land or residential units that would be subject
to such an assessment.

3. The governing body may by ordinance
designate a person to approve or disapprove a petition submitted pursuant to
this section. If the governing body adopts such an ordinance, the ordinance
must provide, without limitation:

(a) Procedures pursuant to which the petition
must be reviewed to determine whether it would be desirable for the governing
body to assume the maintenance of the proposed improvements.

(b) Procedures for the establishment of a
maintenance district or unit of assessment.

(c) A method for:

(1) Determining the relative proportions
in which the assumption of the maintenance of the proposed improvements by the
governing body will:

(I) Benefit the development or
subdivision in which the improvements are located; and

(II) Benefit the public;

(2) Assessing the tracts of land or
residential units in the development or subdivision to pay the costs that will
be incurred by the governing body in assuming the
maintenance of the proposed improvements, in the proportion that such
maintenance will benefit the development or subdivision in which the
improvements are located; and

governing body in assuming the maintenance of the proposed
improvements, in the proportion that such maintenance will benefit the
development or subdivision in which the improvements are located; and

(3) Allocating an amount of public money
to pay the costs that will be incurred by the governing body in assuming the
maintenance of the proposed improvements, in the proportion that such
maintenance will benefit the public.

(d) Procedures for a petitioner or other
aggrieved person to appeal to the governing body a decision of the person
designated by the governing body by ordinance adopted pursuant to this
subsection to approve or disapprove a petition.

4. If the governing body does not
designate by an ordinance adopted pursuant to subsection 3 a person to approve
or disapprove a petition, the governing body shall, after receipt of a complete
petition submitted at least 120 days before the approval of the final map for
the land, hold a public hearing at least 90 days before the approval of the
final map for the land, unless otherwise waived by the governing body, to
determine the desirability of assuming the maintenance of the proposed
improvements. If the governing body determines that it would be undesirable for
the governing body to assume the maintenance of the proposed improvements, the
governing body shall specify for the record its reasons for that determination.
If the governing body determines that it would be desirable for the governing
body to assume the maintenance of the proposed improvements, the governing body
shall by ordinance:

(a) Determine the relative proportions in which
the assumption of the maintenance of the proposed improvements by the governing
body will:

(1) Benefit the development or subdivision
in which the improvements are located; and

(2) Benefit the public.

(b) Create a maintenance district or unit of assessment
consisting of the tracts of land or residential units set forth in the petition
or include the tracts of land or residential units set forth in the petition in
an existing maintenance district or unit of assessment.

(c) Establish the method or, if the tracts or
units are included within an existing maintenance district or unit of
assessment, apply an existing method for determining:

(1) The amount of an assessment to pay the
costs that will be incurred by the governing body in assuming the maintenance
of the proposed improvements. The amount of the assessment must be determined
in accordance with the proportion to which such maintenance will benefit the
development or subdivision in which the improvements are located.

(2) The time and manner of payment of the
assessment.

(d) Provide that the assessment constitutes a
lien upon the tracts of land or residential units within the maintenance
district or unit of assessment. The lien must be executed, and has the same
priority, as a lien for property taxes.

(e) Prescribe the levels of maintenance to be
provided.

(f) Allocate to the cost of providing the
maintenance the appropriate amount of public money to pay for that part of the
maintenance which creates the public benefit.

(g) Address any other matters that the governing
body determines to be relevant to the maintenance of the improvements,
including, without limitation, matters relating to the ownership of the
improvements and the land on which the improvements are
located and any exposure to liability associated with the maintenance of the
improvements.

land on which the improvements are located and any exposure
to liability associated with the maintenance of the improvements.

5. If the governing body requires an owner
of land to dedicate a tract of land as a trail identified in the recreation
plan of the governing body adopted pursuant to [paragraph (k) of
subsection 1 of] NRS 278.160, the governing body shall:

(a) Accept ownership of the tract; and

(b) Assume the maintenance of the tract and any
other improvement located on the land that is authorized in subsection 1.

6. The governing body shall record, in the
office of the county recorder for the county in which the tracts of land or
residential units included in a petition approved pursuant to this section are
located, a notice of the creation of the maintenance district or unit of
assessment that is sufficient to advise the owners of the tracts of land or
residential units that the tracts of land or residential units are subject to
the assessment. The costs of recording the notice must be paid by the
petitioner.

7. The provisions of this section apply
retroactively to a development or subdivision with respect to which:

(a) An agreement or agreements between the owners
of tracts of land within the development or subdivision and the developer allow
for the provision of services in the manner set forth in this section; or

(b) The owners of affected tracts of land or
residential units agree to dissolve the association for their common-interest
community in accordance with the governing documents of the common-interest
community upon approval by the governing body of a petition filed by the owners
pursuant to this section.

Sec. 10. NRS
279.608 is hereby amended to read as follows:

279.608 1. If, at any time
after the adoption of a redevelopment plan by the legislative body, the agency
desires to take an action that will constitute a material deviation from the
plan or otherwise determines that it would be necessary or desirable to amend
the plan, the agency must recommend the amendment of the plan to the
legislative body. An amendment may include the addition of one or more areas to
any redevelopment area.

2. Before recommending amendment of the
plan, the agency shall hold a public hearing on the proposed amendment. Notice
of that hearing must be published at least 10 days before the date of hearing
in a newspaper of general circulation, printed and published in the community,
or, if there is none, in a newspaper selected by the agency. The notice of
hearing must include a legal description of the boundaries of the area
designated in the plan to be amended and a general statement of the purpose of
the amendment.

3. In addition to the notice published
pursuant to subsection 2, the agency shall cause a notice of hearing on a
proposed amendment to the plan to be sent by mail at least 10 days before the
date of the hearing to each owner of real property, as listed in the records of
the county assessor, whom the agency determines is likely to be directly
affected by the proposed amendment. The notice must:

(a) Set forth the date, time, place and purpose of
the hearing and a physical description of, or a map detailing, the proposed
amendment; and

4. If after the public hearing, the agency
recommends substantial changes in the plan which affect the master or community
plan adopted by the planning commission or the legislative body, those changes
must be submitted by the agency to the planning commission for its report and
recommendation. The planning commission shall give its report and
recommendations to the legislative body within 30 days after the agency
submitted the changes to the planning commission.

5. After receiving the recommendation of
the agency concerning the changes in the plan, the legislative body shall hold
a public hearing on the proposed amendment, notice of which must be published
in a newspaper in the manner designated for notice of hearing by the agency. If
after that hearing the legislative body determines that the amendments in the
plan, proposed by the agency, are necessary or desirable, the legislative body
shall adopt an ordinance amending the ordinance adopting the plan.

6. As used in this section, material
deviation means an action that, if taken, would alter significantly one or
more of the aspects of a redevelopment plan that are required to be shown in
the redevelopment plan pursuant to NRS 279.572. The term includes, without
limitation, the vacation of a street that is depicted in the streets and
highways plan of the master plan described in [paragraph (q) of
subsection 1 of] NRS 278.160 which has been adopted for
the community and the relocation of a public park. The term does not include
the vacation of a street that is not depicted in the streets and highways plan
of the master plan described in [paragraph (q) of subsection 1 of] NRS
278.160 which has been adopted for the community.

Sec. 11. This act becomes effective
upon passage and approval.

________

CHAPTER 321, SB 58

Senate Bill No. 58Committee on Education

CHAPTER 321

[Approved:
June 1, 2013]

AN ACT relating to
education; eliminating or modifying certain restrictions on enrollment by a
pupil in a program of distance education; providing for an additional exemption
from the requirement that an unlicensed employee of a school district be
directly supervised by a licensed employee; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Existing law provides for the establishment of programs
of distance education, in which instruction is delivered to pupils by means of
electronic communication. (NRS 388.820-388.874) However, existing law
authorizes such instruction to be provided only under specified circumstances.
For example, if the board of trustees of a school district operates an
alternative program for the education of pupils at risk of dropping out of
school, it may operate that program through a program of distance education.
(NRS 388.537) A program of independent study for a pupil may also be offered
through a program of distance education. (NRS 389.155) Certain pupils who are
otherwise prohibited from attending public school because of criminal or
disruptive behavior may enroll in a program of distance education. (NRS
392.264, 392.4642-392.4648, 392.466, 392.467, 392.4675) In summary, a pupil may
enroll in a program of
distance education only if the pupil otherwise qualifies for enrollment in the
program under a statute of this kind and satisfies certain other requirements.

of distance education only if the pupil otherwise qualifies for
enrollment in the program under a statute of this kind and satisfies certain
other requirements. (NRS 388.850) Section 2 of this bill deletes those
requirements and provides that a pupil may enroll in a program of distance
education unless the pupil: (1) is not eligible for enrollment or the pupils
enrollment is otherwise prohibited by specific statute; (2) fails to satisfy
the conditions for enrollment established by the State Board of Education by
regulation; or (3) fails to satisfy the requirements of the program itself.

Before a pupil may enroll full-time or part-time in a
program of distance education provided by a school district other than the
district in which the pupil resides, existing law requires the pupil to obtain
the written permission of the board of trustees of the pupils home district.
(NRS 388.854) Section 3 of this bill eliminates this requirement for
such a pupil who wishes to enroll on a part-time basis. In cases where the
trustees written permission continues to be required, section 3
requires that permission be granted unless, pursuant to section 2 of
this bill, the pupil does not qualify to participate in the program.

Existing law generally requires that an unlicensed
employee of a school district be directly supervised by a licensed employee in
performing any instructional duties unless an exemption is granted by the
Superintendent of Public Instruction. (NRS 391.273) Section 5 of this
bill authorizes the Superintendent to grant such an exemption in the case of an
unlicensed employee who is supervising pupils attending a course of distance
education while the pupils receive instruction from a licensed employee
remotely, through electronic means.

Other limitations on enrollment in a program of distance
education are established by existing law. For example, a pupil who is enrolled
in private school or is homeschooled may not participate in a program of
distance education provided by a school district or charter school. (NRS
388.850) These limitations are not affected by this bill.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
388.829 is hereby amended to read as follows:

388.829 Program of distance education
means a program comprised of one or more courses of distance education . [that is designed for
pupils who meet the criteria for enrollment in a program of distance education
prescribed in NRS 388.850.]

Sec. 2. NRS
388.850 is hereby amended to read as follows:

388.850 1. A pupil may enroll
in a program of distance education [only if the pupil
satisfies the requirements of any other applicable statute and the pupil:

(a) Is
participating in a program for pupils at risk of dropping out of school
pursuant to NRS 388.537;

(b) Is
participating in a program of independent study pursuant to NRS 389.155;

(c) Is
enrolled in a public school that does not offer certain advanced or specialized
courses that the pupil desires to attend;

(d) Has
a physical or mental condition that would otherwise require an excuse from
compulsory attendance pursuant to NRS 392.050;

(e) Would
otherwise be excused from compulsory attendance pursuant to NRS 392.080;

(f) Is
otherwise prohibited from attending public school pursuant to NRS 392.264,
392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

(g) Is
otherwise permitted to enroll in a program of distance education provided by
the board of trustees of a school district if the board of trustees determines
that the pupil will benefit from the program; or

(h) Is
otherwise permitted to enroll in a program of distance education provided by
the governing body of a charter school if the governing body of the charter
school determines that the pupil will benefit from the program.

2. In
addition to the eligibility for enrollment set forth in subsection 1, a pupil
must]unless:

(a) Pursuant
to this section or other specific statute, the pupil is not eligible for
enrollment or the pupils enrollment is otherwise prohibited;

(b) The
pupil fails to satisfy the qualifications and conditions for
enrollment [in a program of distance education]
adopted by the State Board pursuant to NRS 388.874[.

3.] ; or

(c) The
pupil fails to satisfy the requirements of the program of distance education.

2. A
child who is exempt from compulsory attendance and is enrolled in a private
school pursuant to chapter 394 of NRS or is being homeschooled is not eligible
to enroll in or otherwise attend a program of distance education, regardless of
whether the child is otherwise eligible for enrollment pursuant to subsection
1.

[4.]3. If a pupil who is prohibited
from attending public school pursuant to NRS 392.264 enrolls in a program of
distance education, the enrollment and attendance of that pupil must comply
with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to
392.271, inclusive.

[5. If a pupil is eligible for enrollment in a
program of distance education pursuant to paragraph (c) of subsection 1, the
pupil may enroll in the program of distance education only to take those advanced
or specialized courses that are not offered at the public school he or she
otherwise attends.]

Sec. 3. NRS
388.854 is hereby amended to read as follows:

388.854 1. [Except
as otherwise provided in this subsection, before]Before a pupil may enroll
full-time [or part-time] in a program of distance
education that is provided by a school district other than the school district
in which the pupil resides, the pupil must obtain the written permission of the
board of trustees of the school district in which the pupil resides. Before a
pupil who is enrolled in a public school of a school district may enroll
part-time in a program of distance education that is provided by a charter
school, the pupil must obtain the written permission of the board of trustees
of the school district in which the pupil resides. Except as otherwise provided in NRS 388.850 or other
specific statute, a board of trustees from whom permission is requested
pursuant to this subsection shall grant the requested permission.

2. A
pupil who enrolls part-time in a
program of distance education that is provided by a school district other than
the school district in which the pupil resides or enrolls full-time
in a program of distance education that is provided by a charter school is not
required to obtain the approval of the board of trustees of the school district
in which the pupil resides.

[2.]3. If the board of trustees of a
school district grants permission pursuant to subsection 1, the board of
trustees shall enter into a written agreement with the board of trustees or
governing body, as applicable, that provides the program of distance education.
A separate agreement must be prepared for each year that a pupil enrolls in a
program of distance education.

education. If
permission is granted pursuant to subsection 1, the written agreement required
by this subsection is not a condition precedent to the pupils enrollment in
the program of distance education.

Sec. 4. NRS
388.874 is hereby amended to read as follows:

388.874 1. The State Board
shall adopt regulations that prescribe:

(a) The process for submission of an application
by a person or entity for inclusion of a course of distance education on the
list prepared by the Department pursuant to NRS 388.834 and the contents of the
application;

(b) The process for submission of an application
by the board of trustees of a school district, the governing body of a charter
school or a committee to form a charter school to provide a program of distance
education and the contents of the application;

(c) The qualifications and conditions for
enrollment that a pupil must satisfy to enroll in a program of distance
education, consistent with NRS 388.850[;] and any other applicable statute;

(d) A method for reporting to the Department the
number of pupils who are enrolled in a program of distance education and the
attendance of those pupils;

(e) The requirements for assessing the
achievement of pupils who are enrolled in a program of distance education,
which must include, without limitation, the administration of the achievement
and proficiency examinations required pursuant to NRS 389.015 and 389.550; and

(f) A written description of the process pursuant
to which the State Board may revoke its approval for the operation of a program
of distance education.

2. The State Board may adopt regulations
as it determines are necessary to carry out the provisions of NRS 388.820 to
388.874, inclusive.

Sec. 5. NRS
391.273 is hereby amended to read as follows:

391.273 1. Except as
otherwise provided [in subsections 4 and 10]this section and except
for persons who are supervised pursuant to NRS 391.096, the unlicensed
personnel of a school district must be directly supervised by licensed
personnel in all duties which are instructional in nature. To the extent
practicable, the direct supervision must be such that the unlicensed personnel
are in the immediate location of the licensed personnel and are readily
available during such times when supervision is required.

2. Unlicensed personnel who are exempted
pursuant to subsection 4 , 5 or 6
must be under administrative supervision when performing any duties which are instructional in nature.

3. Unlicensed personnel may temporarily
perform duties under administrative supervision which are not primarily
instructional in nature.

4. Except as otherwise provided in
subsection [5,]7, upon application by a superintendent of
schools, the Superintendent of Public Instruction may grant an exemption from
the provisions of subsection 1[.
The]pursuant
to subsection 5 or 6.

5. Except
as otherwise provided in subsection 6, the Superintendent shall
not grant an exemption from the
provisions of subsection 1 unless:

(a) The duties are within the employees special
expertise or training;

(b) The duties relate to the humanities or an
elective course of study, or are supplemental to the basic curriculum of a
school;

(c) The performance of the duties does not result
in the replacement of a licensed employee or prevent the employment of a
licensed person willing to perform those duties;

(d) The secondary or combined school in which the
duties will be performed has less than 100 pupils enrolled and is at least 30
miles from a school in which the duties are performed by licensed personnel;
and

(e) The unlicensed employee submits his or her
fingerprints for an investigation pursuant to NRS 391.033.

[5.]6. Upon application by a superintendent of schools, the
Superintendent of Public Instruction may grant an exemption from the provisions
of subsection 1 if:

(a) The
duties of the unlicensed employee relate to the supervision of pupils attending
a course of distance education provided pursuant to NRS 388.820 to 388.874,
inclusive, while the pupils are receiving instruction from a licensed employee
remotely through any electronic means of communication; and

(b) The
unlicensed employee submits his or her fingerprints for an investigation
pursuant to NRS 391.033.

7. The
exemption authorized by subsection 4 ,5
or 6 does not apply to a paraprofessional if the provisions of 20
U.S.C. § 6319 and the regulations adopted pursuant thereto require the
paraprofessional to be directly supervised by a licensed teacher.

[6.]8. The Superintendent of Public
Instruction shall file a record of all exempt personnel with the clerk of the
board of trustees of each local school district, and advise the clerk of any
changes therein. The record must contain:

(a) The name of the exempt employee;

(b) The specific instructional duties the exempt
employee may perform;

(c) Any terms or conditions of the exemption
deemed appropriate by the Superintendent of Public Instruction; and

(d) The date the exemption expires or a statement
that the exemption is valid as long as the employee remains in the same
position at the same school.

[7.]9. The Superintendent of Public
Instruction may adopt regulations prescribing the procedure to apply for an
exemption pursuant to this section and the criteria for the granting of such
exemptions.

[8.]10. Except in an emergency, it is
unlawful for the board of trustees of a school district to allow a person
employed as a teachers aide to serve as a teacher unless the person is a
legally qualified teacher licensed by the Superintendent of Public Instruction.
As used in this subsection, emergency means an unforeseen circumstance which
requires immediate action and includes the fact that a licensed teacher or
substitute teacher is not immediately available.

[9.]11. If the Superintendent of
Public Instruction determines that the board of trustees of a school district
has violated the provisions of subsection [8,]10, the Superintendent
shall take such actions as are necessary to reduce the amount of money received
by the district pursuant to NRS 387.124 by an amount equal to the product when
the following numbers are multiplied together:

(a) The number of days on which the violation
occurred;

(b) The number of pupils in the classroom taught
by the teachers aide; and

(c) The number of dollars of basic support
apportioned to the district per pupil per day pursuant to NRS 387.1233.

[10.]12. The provisions of this
section do not apply to unlicensed personnel who are employed by the governing
body of a charter school, unless a paraprofessional employed by the governing
body is required to be directly supervised by a licensed teacher pursuant to
the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant
thereto.

Sec. 6. This act becomes effective
upon passage and approval.

________

CHAPTER 322, SB 94

Senate Bill No. 94Committee on Commerce, Labor and
Energy

CHAPTER 322

[Approved:
June 1, 2013]

AN ACT relating to
financial services; authorizing certain licensees to charge a late fee on a
loan in default under certain circumstances; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Existing law establishes certain limitations on the
amounts that a check-cashing service, deferred deposit loan service,
high-interest loan service or title loan service may charge after a customer
defaults on a loan. (NRS 604A.485) This bill authorizes certain licensees to
charge not more than $15, payable on a one-time basis, for any installment
payment that remains unpaid 10 days or more after the date of default.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
604A of NRS is hereby amended by adding thereto a new section to read as
follows:

In addition to
the amounts authorized to be collected pursuant to NRS 604A.485, a licensee who
makes a high-interest loan in accordance with the provisions of subsection 2 of
NRS 604A.480 may charge a fee of not more than $15, payable on a one-time
basis, for any installment payment that remains unpaid 10 days or more after
the date of default.

Sec. 2. NRS
604A.407 is hereby amended to read as follows:

604A.407 1. Except as
otherwise provided in this section, for the purposes of determining whether a
loan is a high-interest loan, when determining whether a lender is charging an
annual percentage rate of more than 40 percent, calculations must be made in
accordance with the Truth in Lending Act and Regulation Z, except that every
charge or fee, regardless of the name given to the charge or fee, payable
directly or indirectly by the customer and imposed directly or indirectly by
the lender must be included in calculating the annual percentage rate,
including, without limitation:

(a) Interest;

(b) Application fees, regardless of whether such
fees are charged to all applicants or credit is actually extended;

(c) Fees charged for participation in a credit
plan, whether assessed on an annual, periodic or nonperiodic basis; and

(c) Charges for an unanticipated late payment,
exceeding a credit limit, or a delinquency, default or similar occurrence; [and]

(d) Any premiums or identifiable charges for
insurance permitted pursuant to NRS 675.300[.] ; and

(e) The
fee allowed pursuant to section 1 of this act.

3. Calculation of the annual percentage
rate in the manner specified in this section is limited only to the
determination of whether a loan is a high-interest loan and must not be used in
compliance with the disclosure requirements of paragraph (g) of subsection 2 of
NRS 604A.410 or any other provisions of this chapter requiring disclosure of an
annual percentage rate in the making of a loan.

Sec. 3. NRS
604A.485 is hereby amended to read as follows:

604A.485 1. If a customer
defaults on a loan or on any extension or repayment plan relating to the loan,
whichever is later, the licensee may collect only the following amounts from
the customer, less all payments made before and after default:

(a) The unpaid principal amount of the loan.

(b) The unpaid interest, if any, accrued before
the default at the annual percentage rate set forth in the disclosure statement
required by the Truth in Lending Act and Regulation Z that is provided to the
customer. If there is an extension, in writing and signed by the customer,
relating to the loan, the licensee may charge and collect interest pursuant to
this paragraph for a period not to exceed 60 days after the expiration of the
initial loan period, unless otherwise allowed by NRS 604A.480.

(c) The interest accrued after the expiration of
the initial loan period or after any extension or repayment plan that is
allowed pursuant to this chapter, whichever is later, at an annual percentage
rate not to exceed the prime rate at the largest bank in Nevada, as ascertained
by the Commissioner, on January 1 or July 1, as the case may be, immediately
preceding the expiration of the initial loan period, plus 10 percent. The
licensee may charge and collect interest pursuant to this paragraph for a
period not to exceed 90 days. After that period, the licensee shall not charge
or collect any interest on the loan.

(d) Any fees allowed pursuant to NRS 604A.490 for
a check that is not paid upon presentment or an electronic transfer of money
that fails because the account of the customer contains insufficient funds or
has been closed.

Κ The sum of
all amounts collected pursuant to paragraphs (b), (c) and (d) must not exceed
the principal amount of the loan.

2. Except for the interest and fees
permitted pursuant to subsection 1 and any other charges expressly permitted
pursuant to NRS 604A.430, 604A.445 and 604A.475, and section 1 of this act, the licensee shall
not charge any other amount to a customer, including, without limitation, any
amount or charge payable directly or indirectly by the customer and imposed
directly or indirectly by the licensee as an incident to or as a condition of
the extension of the period for the payment of the loan or the extension of
credit. Such prohibited amounts include, without limitation:

(a) Any interest, other
than the interest charged pursuant to subsection 1, regardless of the name
given to the interest; or

(b) Any origination
fees, set-up fees, collection fees, transaction fees, negotiation fees,
handling fees, processing fees, late fees, default fees or any other fees,
regardless of the name given to the fee.

________

CHAPTER 323, SB 99

Senate Bill No. 99Committee on Health and Human
Services

CHAPTER 323

[Approved: June 1, 2013]

AN ACT relating to
child welfare; requiring an agency which provides child welfare services to
obtain and examine the credit report for certain children in its custody;
requiring the agency to report each potential instance of identity theft or
other crime to the Attorney General and make a diligent effort to resolve any
inaccuracy in the report; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Existing
law requires an agency which provides child welfare services to provide
maintenance and special services to children who are placed in the custody of
the agency. (NRS 432.020) This bill requires an agency which provides child
welfare services to obtain and examine the credit report of certain children
placed into its custody when each child reaches the age of 16 years or, if a
child has reached the age of 16 years before being placed into the custody of
the agency, within 90 days after placement of the child, and at least once
annually thereafter to identify any inaccuracies in the credit report. This
bill requires the agency, before obtaining the credit report, to inform each
child of this requirement to obtain and examine his or her credit report and to
explain to the child how inaccuracies on his or her credit report may be
resolved and what financial impact an inaccuracy may have if left unresolved.
If the agency finds any inaccuracies, this bill requires the agency to report
any information which indicates that a potential instance of identity theft or
other crime may have occurred to the Attorney General and to continue to make a
diligent effort to resolve each inaccuracy until all inaccuracies have been
corrected or the child leaves the custody of the agency. If the child leaves
the custody of the agency, this bill requires the agency to notify the child or
the person responsible for the welfare of the child of any remaining
inaccuracies, how the inaccuracies may be resolved and any community services
that may be available to assist in resolving the inaccuracies. This bill
authorizes the Attorney General to investigate any such reports and prosecute
the persons responsible for any identity theft identified in the investigation.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
432 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Before an agency which provides child
welfare services requests and examines a copy of any credit report pursuant to
subsection 2, the agency which provides child welfare services shall, to the
greatest extent practicable:

(a) Inform
the child of the requirement to request and examine a copy of any credit report
that may exist for the child;

(b) Explain
to the child the process for resolving any inaccuracy discovered on any such
credit report; and

(c) Explain
to the child the possible consequences of an inaccuracy on a credit report of
the child.

2. An
agency which provides child welfare services shall
request and examine a copy of any credit report that may exist for each child
who remains in the custody of the agency which provides child welfare services
for 60 or more consecutive days:

(a) When
the child reaches the age of 16 years, and then at least once annually
thereafter as required pursuant to 42 U.S.C. § 675(5)(I); or

(b) If
the child has reached the age of 16 years before the child is placed in the
custody of the agency which provides child welfare services, within 90 days
after the placement of the child in the custody of the agency which provides
child welfare services, and then at least once annually thereafter as required
pursuant to 42 U.S.C. § 675(5)(I).

3. An
agency which provides child welfare services shall determine from the
examination of a credit report pursuant to this section whether the credit
report contains inaccurate information and whether the credit report indicates
that identity theft or any other crime has been committed against the child.

4. If
the agency which provides child welfare services determines that an inaccuracy
exists in the credit report of a child, the agency which provides child welfare
services must:

(a) Report
any information which may indicate identity theft or other crime to the
Attorney General;

(b) Make
a diligent effort to resolve the inaccuracy as soon as practicable; and

(c) If an inaccuracy remains unresolved after the child has left the
custody of the agency which provides child welfare services, notify the child or, if the child has not attained the age
of majority, the person responsible for the childs welfare:

(1) That
an inaccuracy exists in the credit report of the child;

(2) Of
the manner in which to correct the inaccuracy; and

(3) Of
any services that may be available in the community to provide assistance in
correcting the inaccuracy.

5. An
agency which provides child welfare services may, upon consent of a child who
remains under the jurisdiction of a court pursuant to NRS 432B.594, continue to
request and examine a credit report of the child and provide assistance to the
child if an inaccuracy is discovered.

6. The
Attorney General may investigate each potential instance of identity theft or
crime reported pursuant to subsection 4 and prosecute in accordance with law
each person responsible for any identity theft identified in the investigation.

Sec. 2. This act becomes effective
on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 1520κ

CHAPTER 324, SB 107

Senate Bill No. 107Committee on Judiciary

CHAPTER 324

[Approved:
June 1, 2013]

AN ACT relating to
the administration of justice; restricting the use of corrective room
restriction on children who are in confinement in a state, local or regional
facility for the detention of children; requiring the Advisory Commission on
the Administration of Justice to conduct a study concerning detention and
incarceration; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Sections 1and 2 of this bill authorize the
use of corrective room restriction on a child who is detained in a state, local
or regional facility for the detention of children only if all other
less-restrictive options have been exhausted and only to: (1) modify the
negative behavior of the child; (2) hold the child accountable for a violation
of a rule of the facility; or (3) ensure the safety of the child, the staff or
others or to ensure the security of the facility. Sections 1 and 2 also:
(1) specify certain actions that must be taken with respect to a child subjected
to corrective room restriction; (2) provide that if a child is subjected to
corrective room restriction, the period of corrective room restriction must be
the minimum time required to address the negative behavior, rule violation or
threat; and (3) provide that a child must not be subjected to corrective room
restriction for more than 72 consecutive hours.

Existing law establishes the Advisory Commission on the
Administration of Justice and directs the Commission, among other duties, to
identify and study the elements of this States system of criminal justice.
(NRS 176.0123, 176.0125) Section 7 of this bill requires the Commission
to conduct a study concerning certain aspects of detention and incarceration in
this State.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
62B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
child who is detained in a local or regional facility for the detention of
children may be subjected to corrective room restriction only if all other
less-restrictive options have been exhaustedand only for the purpose of:

(a) Modifying
the negative behavior of the child;

(b) Holding
the child accountable for a violation of a rule of the facility; or

(c) Ensuring
the safety of the child, staff or others or ensuring the security of the
facility.

2. Any
action that results in corrective room restriction for more than 2 hours must
be documented in writing and approved by a supervisor.

3. A
local or regional facility for the detention of children shall conduct a safety
and well-being check on a child subjected to corrective room restriction at
least once every 10 minutes while the child is subjected to corrective room
restriction.

4. A
child may be subjected to corrective room restriction only for the minimum time
required to address the negative behavior, rule violation or threat to the
safety of the child, staff or others or to the security of the facility, and
the child must be returned to the general population of the facility as soon as
reasonably possible.

5. A
child who is subjected to corrective room restriction for more than 24 hours
must be provided:

(a) Not
less than 1 hour of out-of-room, large muscle exercise each day, including,
without limitation, access to outdoor recreation if weather permits;

(b) Access
to the same mealsand
medical and mental health treatment, the same access to contact with parents or
legal guardians, and the same access to legal assistance and educational
services as is provided to children in the general population of the facility;
and

(c) A
review of the corrective room restriction status at least once every 24 hours.
If, upon review, the corrective room restriction is continued, the continuation
must be documented in writing, including, without limitation, an explanation as
to why no other less-restrictive option is available.

6. A
local or regional facility for the detention of children shall not subject a
child to corrective room restriction for more than 72 consecutive hours.

7. A
local or regional facility for the detention of children shall report monthly
to the Juvenile Justice Programs Office of the Division of Child and Family
Services the number of children who were subjected to corrective room
restriction during that month and the length of time that each child was in
corrective room restriction. Any incident that resulted in the use of
corrective room restriction for 72 consecutive hours must be addressed in the
monthly report, and the report must include the reason or reasons any attempt
to return the child to the general population of the facility was unsuccessful.

8. As
used in this section, corrective room restriction means the confinement of a
child to his or her room as a disciplinary or protective actionand includes, without limitation:

(a) Administrative
seclusion;

(b) Behavioral
room confinement;

(c) Corrective
room rest; and

(d) Room
confinement.

Sec. 2. Chapter
63 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
child who is detained in a facility may be subjected to corrective room
restriction only if all other less-restrictive options have been exhaustedand only for the purpose of:

(a) Modifying
the negative behavior of the child;

(b) Holding
the child accountable for a violation of a rule of the facility; or

(c) Ensuring
the safety of the child, staff or others or ensuring the security of the
facility.

2. Any
action that results in corrective room restriction for more than 2 hours must
be documented in writing and approved by a supervisor.

3. A
facility shall conduct a safety and well-being check on a child subjected to
corrective room restriction at least once every 10 minutes while the child is
subjected to corrective room restriction.

4. A
child may be subjected to corrective room restriction only for the minimum time
required to address the negative behavior, rule violation or threat to the
safety of the child, staff or others or to the security of the facility, and
the child must be returned to the general population of the facility as soon as
reasonably possible.

5. A
child who is subjected to corrective room restriction for more than 24 hours
must be provided:

(a) Not
less than 1 hour of out-of-room, large muscle exercise each day, including,
without limitation, access to outdoor recreation if weather permits;

(b) Access
to the same mealsand
medical and mental health treatment, the same access to contact with parents or
legal guardians, and the same access to legal assistance and educational
services as is provided to children in the general population of the facility;
and

(c) A
review of the corrective room restriction status at least once every 24 hours.
If, upon review, the corrective room restriction is continued, the continuation
must be documented in writing, including, without limitation, an explanation as
to why no other less-restrictive option is available.

6. A
facility shall not subject a child to corrective room restriction for more than
72 consecutive hours.

7. A
facility shall report monthly to the Juvenile Justice Programs Office of the
Division of Child and Family Services the number of children who were subjected
to corrective room restriction during that month and the length of time that
each child was in corrective room restriction. Any incident that resulted in
the use of corrective room restriction for more than 72 consecutive hours must
be addressed in the monthly report, and the report must include the reason or
reasons any attempt to return the child to the general population of the
facility was unsuccessful.

8. As
used in this section, corrective room restriction means the confinement of a
child to his or her room as a disciplinary or protective actionand includes, without limitation:

(a) Administrative
seclusion;

(b) Behavioral
room confinement;

(c) Corrective
room rest; and

(d) Room
confinement.

Secs. 3-6. (Deleted by
amendment.)

Sec. 7. The Advisory Commission on
the Administration of Justice created pursuant to NRS 176.0123 shall, during
the 2013-2014 interim, conduct a study concerning detention and incarceration
in this State. The study must include, without limitation, an evaluation of:

7. The number of children, offenders and
prisoners in the general population who were referred to mental health
professionals;

8. The number of children, offenders and
prisoners confined in protective segregation, administrative segregation,
disciplinary segregation, disciplinary detention, corrective room restriction
or solitary confinement who have a mental health diagnosis;

9. The number of children, offenders and
prisoners in the general population who have a mental health diagnosis;

10. The number of suicides and suicide attempts
during the years of 2010, 2011 and 2012 among children, offenders and prisoners
who are confined in protective segregation, administrative segregation,
disciplinary segregation, disciplinary detention, corrective room restriction
or solitary confinement;

11. The number of suicides and suicide attempts
during the years of 2010, 2011 and 2012 among children, offenders and prisoners
in the general population;

12. The number of reviews conducted by
facilities concerning the placement of a child, offender or prisoner in
protective segregation, administrative segregation, disciplinary segregation,
disciplinary detention, corrective room restriction or solitary confinement
that resulted in the child, offender or prisoner being transferred to the
general population;

13. The average length of time children,
offenders and prisoners were continuously confined in protective segregation,
administrative segregation, disciplinary segregation, disciplinary detention,
corrective room restriction or solitary confinement, categorized by age, race,
sexual orientation, gender identity or expression and classification of the
offense;

14. The longest and shortest length of time a
child, offender or prisoner was continuously confined in protective
segregation, administrative segregation, disciplinary segregation, disciplinary
detention, corrective room restriction or solitary confinement, categorized by
age, race, sexual orientation, gender identity or expression and classification
of the offense;

15. A summary of the reasons for which
children, offenders and prisoners were placed in protective segregation,
administrative segregation, disciplinary segregation, disciplinary detention,
corrective room restriction or solitary confinement;

16. The rate of recidivism among children,
offenders and prisoners who were confined in protective segregation,
administrative segregation, disciplinary segregation,
disciplinary detention, corrective room restriction or solitary confinement at
any time before release or discharge;

disciplinary segregation, disciplinary detention, corrective room
restriction or solitary confinement at any time before release or discharge;

17. The rate of recidivism among children,
offenders and prisoners who were never confined in protective segregation,
administrative segregation, disciplinary segregation, disciplinary detention,
corrective room restriction or solitary confinement;

18. The number of children, offenders and
prisoners who were confined in protective segregation, administrative
segregation, disciplinary segregation, disciplinary detention, corrective room
restriction or solitary confinement immediately before being discharged from
detention, including those discharged to parole or mandatory supervision; and

19. A calculation of the cost per day of
confining a child, offender and prisoner in protective segregation,
administrative segregation, disciplinary segregation, disciplinary detention,
corrective room restriction or solitary confinement.

________

CHAPTER 325, SB 131

Senate Bill No. 131Senator Cegavske

Joint Sponsor: Assemblywoman Kirkpatrick

CHAPTER 325

[Approved:
June 1, 2013]

AN ACT relating to
personal representatives; authorizing a personal representative to direct the
termination of a decedents account on certain Internet websites; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Existing law sets forth the powers and duties of a
personal representative in the administration of the estate of a decedent.
(Chapter 143 of NRS) This bill authorizes a personal representative to direct
the termination of any account of the decedent on any Internet website
providing social networking or web log, microblog, short message or electronic
mail service.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
143 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except
as otherwise provided in subsection 2, subject to such restrictions as may be
prescribed in the will of a decedent or by an order of a court of competent
jurisdiction, a personal representative has the power to direct the termination
of any account of the decedent, including, without limitation:

2. The
provisions of subsection 1 do not authorize a personal representative to direct
the termination of any financial account of the decedent, including, without
limitation, a bank account or investment account.

3. The
act by a personal representative to direct the termination of any account or
asset of a decedent pursuant to subsection 1 does not invalidate or abrogate
any conditions, terms of service or contractual obligations the holder of such
an account or asset has with the provider or administrator of the account,
asset or Internet website.

AN ACT relating to
tobacco; authorizing a board of county commissioners to adopt an ordinance
prohibiting a minor from committing certain acts relating to the possession and
use of tobacco products; revising various provisions relating to tobacco
products; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Section 17 of this bill authorizes a board of
county commissioners to adopt an ordinance which prohibits a minor from
purchasing or attempting to purchase tobacco products, possessing or attempting
to possess tobacco products, using tobacco products or falsely representing his
or her age to purchase, possess or obtain tobacco products. Section 4 of
this bill provides that a child may be issued a citation for violating the
ordinance. Under section 4, a citation for a violation of the ordinance
may be issued to a child who is the occupant of a vehicle only if the vehicle
is halted or its driver arrested for another offense. Section 3 of this
bill provides that a probation officer may act as a master of the juvenile
court if the proceeding involves such a citation. Under sections 3.3, 3.7
and 17 of this bill, a child who violates the ordinance is a child in need
of supervision for the purposes of juvenile court proceedings rather than a delinquent
child.

Section 5 of this bill sets forth the possible
penalties if a child is adjudicated to be in need of supervision because the
child has committed a violation of the ordinance. Under section 5, the
juvenile court may order a child to pay a $25 fine for a first adjudication, a
$50 fine for a second adjudication and a $75 fine for a third or any subsequent
adjudication. If the juvenile court orders a child to pay such a fine, section
5 requires the juvenile court to order the child to pay a $10
administrative assessment in addition to the fine. Section 5 further
provides that: (1) for any adjudication that a child is in need of supervision
because the child committed a violation of the ordinance, the juvenile court
may order a child to attend a tobacco awareness and cessation program; and (2) for a third
or any subsequent adjudication or for a willful failure by the child to pay a
fine or administrative assessment, the juvenile court may order a suspension or
delay in the issuance of the childs drivers license for at least 30 days but
not more than 90 days.

awareness and cessation program; and (2) for a third or any
subsequent adjudication or for a willful failure by the child to pay a fine or
administrative assessment, the juvenile court may order a suspension or delay
in the issuance of the childs drivers license for at least 30 days but not
more than 90 days. Under section 5, if the juvenile court orders the
suspension or delay in the issuance of a childs drivers license, the juvenile
court may order the Department of Motor Vehicles to issue to the child a
restricted drivers license that authorizes the child to drive to and from
school or work or to acquire medicine or food for himself or herself or for an
immediate family member.

Existing law prohibits various acts related to tobacco or
products made from tobacco. (NRS 202.2485-202.2497) Sections 11-16 of
this bill revise these prohibitions to include tobacco or products made or
derived from tobacco, and define the term products made or derived from
tobacco.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
62A of NRS is hereby amended by adding thereto a new section to read as
follows:

Offense
related to tobacco means a violation of an ordinance adopted by a board of
county commissioners pursuant to section 17 of this act.

Sec. 2. NRS
62A.010 is hereby amended to read as follows:

62A.010 As used in this title, unless the
context otherwise requires, the words and terms defined in NRS 62A.020 to
62A.350, inclusive, and section 1
of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS
62B.020 is hereby amended to read as follows:

62B.020 1. Except as
otherwise provided in this section, the juvenile court or the chief judge of
the judicial district may appoint any person to act as a master of the juvenile
court if the person is qualified by previous experience, training and
demonstrated interest in the welfare of children to act as a master of the
juvenile court.

2. A probation officer shall not act as a
master of the juvenile court unless the proceeding concerns:

(a) A minor traffic offense; [or]

(b) An
offense related to tobacco; or

(c) A
child who is alleged to be a habitual truant.

3. If a person is appointed to act as a
master of the juvenile court, the person shall attend instruction at the
National College of Juvenile and Family Law in Reno, Nevada, in a course
designed for the training of new judges of the juvenile court on the first
occasion when such instruction is offered after the person is appointed.

4. If, for any reason, a master of the
juvenile court is unable to act, the juvenile court or the chief judge of the
judicial district may appoint another qualified person to act temporarily as a
master of the juvenile court during the period that the master who is regularly
appointed is unable to act.

5. The compensation of a master of the
juvenile court:

(a) May not be taxed against the parties.

(b) Must be paid out of appropriations made for
the expenses of the district court, if the compensation is fixed by the
juvenile court.

62B.320 1. Except as
otherwise provided in this title, the juvenile court has exclusive original
jurisdiction in proceedings concerning any child living or found within the
county who is alleged or adjudicated to be in need of supervision because the
child:

(a) Is subject to compulsory school attendance
and is a habitual truant from school;

(b) Habitually disobeys the reasonable and lawful
demands of the parent or guardian of the child and is unmanageable;

(c) Deserts, abandons or runs away from the home
or usual place of abode of the child and is in need of care or rehabilitation; [or]

(d) Uses an electronic communication device to
transmit or distribute a sexual image of himself or herself to another person
or to possess a sexual image in violation of NRS 200.737[.] ; or

(e) Commits
an offense related to tobacco.

2. A child who is subject to the
jurisdiction of the juvenile court pursuant to this section must not be
considered a delinquent child.

3. As used in this section:

(a) Electronic communication device has the
meaning ascribed to it in NRS 200.737.

(b) Sexual image has the meaning ascribed to it
in NRS 200.737.

Sec. 3.7. NRS
62B.330 is hereby amended to read as follows:

62B.330 1. Except as
otherwise provided in this title, the juvenile court has exclusive original
jurisdiction over a child living or found within the county who is alleged or
adjudicated to have committed a delinquent act.

2. For the purposes of this section, a
child commits a delinquent act if the child:

(a) Violates a county or municipal ordinance[;] other than an offense related to
tobacco;

(b) Violates any rule or regulation having the
force of law; or

(c) Commits an act designated a criminal offense
pursuant to the laws of the State of Nevada.

3. For the purposes of this section, each
of the following acts shall be deemed not to be a delinquent act, and the
juvenile court does not have jurisdiction over a person who is charged with
committing such an act:

(a) Murder or attempted murder and any other
related offense arising out of the same facts as the murder or attempted
murder, regardless of the nature of the related offense.

(b) Sexual assault or attempted sexual assault
involving the use or threatened use of force or violence against the victim and
any other related offense arising out of the same facts as the sexual assault
or attempted sexual assault, regardless of the nature of the related offense,
if:

(1) The person was 16 years of age or
older when the sexual assault or attempted sexual assault was committed; and

(2) Before the sexual assault or attempted
sexual assault was committed, the person previously had been adjudicated
delinquent for an act that would have been a felony if committed by an adult.

(c) An offense or attempted offense involving the
use or threatened use of a firearm and any other related offense arising out of
the same facts as the offense or attempted offense involving the use or
threatened use of a firearm, regardless of the nature of the related offense,
if:

(1) The person was 16 years of age or
older when the offense or attempted offense involving the use or threatened use
of a firearm was committed; and

(2) Before the offense or attempted
offense involving the use or threatened use of a firearm was committed, the
person previously had been adjudicated delinquent for an act that would have
been a felony if committed by an adult.

(d) A felony resulting in death or substantial
bodily harm to the victim and any other related offense arising out of the same
facts as the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the
property of a public or private school when pupils or employees of the school
were present or may have been present, at an activity sponsored by a public or
private school or on a school bus while the bus was engaged in its official
duties; and

(2) The person intended to create a great
risk of death or substantial bodily harm to more than one person by means of a
weapon, device or course of action that would normally be hazardous to the
lives of more than one person.

(e) A category A or B felony and any other
related offense arising out of the same facts as the category A or B felony,
regardless of the nature of the related offense, if the person was at least 16
years of age but less than 18 years of age when the offense was committed, and:

(1) The person is not identified by law
enforcement as having committed the offense and charged before the person is at
least 20 years, 3 months of age, but less than 21 years of age; or

(2) The person is not identified by law
enforcement as having committed the offense until the person reaches 21 years
of age.

(f) Any other offense if, before the offense was
committed, the person previously had been convicted of a criminal offense.

Sec. 4. Chapter
62C of NRS is hereby amended by adding thereto a new section to read as
follows:

1. If
a child is stopped or otherwise detained by a peace officer for an offense
related to tobacco, the peace officer may prepare and issue a citation in the
same manner in which a traffic citation is prepared and issued pursuant to NRS
62C.070.

2. If
a child who is issued a citation for an offense related to tobacco executes a
written promise to appear in court by signing the citation, the peace officer:

(a) Shall
deliver a copy of the citation to the child; and

(b) Shall
not take the child into physical custody for the violation.

3. A
citation for an offense related to tobacco may be issued to a child who is an
occupant of a vehicle pursuant to this section only if the violation is discovered
when the vehicle is halted or its driver is arrested for another alleged
violation or offense.

Sec. 5. Chapter
62E of NRS is hereby amended by adding thereto a new section to read as
follows:

1. If
a child is adjudicated to be in need of supervision because the child has
committed an offense related to tobacco, the juvenile court may:

(a) The
first time the child is adjudicated to be in need of supervision because the
child has committed an offense related to tobacco, order the child to:

(b) The
second time the child is adjudicated to be in need of supervision because the
child has committed an offense related to tobacco, order the child to:

(1) Pay
a fine of $50; and

(2) Attend
and complete a tobacco awareness and cessation program.

(c) The
third or any subsequent time the child is adjudicated to be in need of
supervision because the child has committed an offense related to tobacco,
order:

(1) The
child to pay a fine of $75;

(2) The
child to attend and complete a tobacco awareness and cessation program; and

(3) That
the drivers license of the child be suspended for at least 30 days but not
more than 90 days or, if the child does not possess a drivers license,
prohibit the child from receiving a drivers license for at least 30 days but
not more than 90 days:

(I) Immediately
following the date of the order, if the child is eligible to receive a drivers
license.

(II) After
the date the child becomes eligible to apply for a drivers license, if the
child is not eligible to receive a license on the date of the order.

2. If
the juvenile court orders a child to attend and complete a tobacco awareness
and cessation program, the juvenile court may order the child or the parent or
guardian of the child, or both, to pay the reasonable cost for the child to
attend the program.

3. If
the juvenile court orders a child to pay a fine pursuant to this section, the
juvenile court shall order the child to pay an administrative assessment
pursuant to NRS 62E.270.

4. If
the juvenile court orders a child to pay a fine and administrative assessment
pursuant to this section and the child willfully fails to pay the fine or
administrative assessment, the juvenile court may order that the drivers
license of the child be suspended for at least 30 days but not more than 90
days or, if the child does not possess a drivers license, prohibit the child
from receiving a drivers license for at least 30 days but not more than 90
days:

(a) Immediately
following the date of the order, if the child is eligible to receive a drivers
license.

(b) After
the date the child becomes eligible to apply for a drivers license, if the
child is not eligible to receive a license on the date of the order.

Κ If the child is already the
subject of a court order suspending or delaying the issuance of the drivers
license of the child, the juvenile court shall order the additional suspension
or delay, as appropriate, to apply consecutively with the previous order.

5. If
the juvenile court suspends the drivers license of a child pursuant to this
section, the juvenile court may order the Department of Motor Vehicles to issue
a restricted drivers license pursuant to NRS 483.490 permitting the child to
drive a motor vehicle:

(c) To
acquire supplies of medicine or food or receive regularly scheduled medical
care for himself, herself or a member of his or her immediate family.

Sec. 6. NRS
62E.270 is hereby amended to read as follows:

62E.270 1. If the juvenile
court imposes a fine against:

(a) A delinquent child pursuant to NRS 62E.730;

(b) A child who has committed a minor traffic
offense, except an offense related to metered parking, pursuant to NRS 62E.700;
or

(c) A child in need of supervision, or the parent
or guardian of the child, because the child is a habitual truant pursuant to
NRS 62E.430,

Κ the juvenile
court shall order the child or the parent or guardian of the child to pay an
administrative assessment of $10 in addition to the fine.

2. If, pursuant to section 5 of this act, the juvenile court
imposes a fine against a child who has committed an offense related to tobacco,
the juvenile court shall order the child to pay an administrative assessment of
$10 in addition to the fine.

3. The
juvenile court shall state separately on its docket the amount of money that
the juvenile court collects for the administrative assessment.

[3.]4. If the child is found not to
have committed the alleged act or the charges are dropped, the juvenile court
shall return to the child or the parent or guardian of the child any money
deposited with the juvenile court for the administrative assessment.

[4.]5. On or before the fifth day of
each month for the preceding month, the clerk of the court shall pay to the
county treasurer the money the juvenile court collects for administrative
assessments.

[5.]6. On or before the 15th day of
each month, the county treasurer shall deposit the money in the county general
fund for credit to a special account for the use of the countys juvenile court
or for services to delinquent children.

Sec. 6.5. NRS
62E.400 is hereby amended to read as follows:

62E.400 1. The provisions of
this section and NRS 62E.410, 62E.420 and 62E.430 and section 5 of this act apply to the
disposition of a case involving a child who is found to be within the purview
of this title because the child is or is alleged to be in need of supervision.

2. If such a child is found to be within
the purview of this title:

(a) The juvenile court may issue any orders or
take any actions set forth in NRS 62E.410, 62E.420 and 62E.430 and section 5 of this act
that the juvenile court deems proper for the disposition of the case; and

(b) If required by a specific statute, the
juvenile court shall issue the appropriate orders or take the appropriate
actions set forth in the statute.

Secs. 7-10. (Deleted by amendment.)

Sec. 11. NRS
202.2485 is hereby amended to read as follows:

202.2485 As used in NRS 202.2485 to
202.2497, inclusive:

1. Distribute includes furnishing,
giving away or providing products made or derived from tobacco or samples thereof at
no cost to promote the product, whether or not in combination with a sale.

2. Health authority means the district
health officer in a district, or his or her designee, or, if none, the State
Health Officer, or his or her designee.

3. Product
made or derived from tobacco does not include any product regulated by the
United States Food and Drug Administration pursuant to Chapter V of the Federal
Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 351 et seq.

Sec. 12. NRS
202.249 is hereby amended to read as follows:

202.249 1. It is the public
policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and
202.2492 to place restrictions on the smoking of tobacco in public places to
protect human health and safety.

2. The quality of air is declared to be
affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are
enacted in the exercise of the police power of this state to protect the
health, peace, safety and general welfare of its people.

3. Health authorities, police officers of
cities or towns, sheriffs and their deputies and other peace officers of this
state shall, within their respective jurisdictions, enforce the provisions of
NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns,
sheriffs and their deputies and other peace officers of this state shall,
within their respective jurisdictions, enforce the provisions of NRS 202.2493,
202.24935 and 202.2494.

4. Except as otherwise provided in
subsection 5, an agency, board, commission or political subdivision of this
state, including, without limitation, any agency, board, commission or
governing body of a local government, shall not impose more stringent
restrictions on the smoking, use, sale, distribution, marketing, display or
promotion of tobacco or products made or derived from tobacco than are provided by
NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

5. A school district may, with respect to
the property, buildings, facilities and vehicles of the school district, impose
more stringent restrictions on the smoking, use, sale, distribution, marketing,
display or promotion of tobacco or products made or derived from tobacco than are provided by
NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

Sec. 13. NRS
202.2493 is hereby amended to read as follows:

202.2493 1. A person shall
not sell, distribute or offer to sell cigarettes or smokeless products made or derived from tobacco in
any form other than in an unopened package which originated with the
manufacturer and bears any health warning required by federal law. A person who
violates this subsection shall be punished by a fine of $100 and a civil
penalty of $100.

2. Except as otherwise provided in
subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or
offer to sell cigarettes, cigarette paper, tobacco of any description or
products made or derived from
tobacco to any child under the age of 18 years. A person who violates this
subsection shall be punished by a fine of not more than $500 and a civil
penalty of not more than $500.

3. A person shall be deemed to be in
compliance with the provisions of subsection 2 if, before the person sells,
distributes or offers to sell to another, cigarettes, cigarette paper, tobacco
of any description or products made or derived from tobacco, the person:

(a) Demands that the other person present a valid
drivers license or other written or documentary evidence which shows that the
other person is 18 years of age or older;

(b) Is presented a valid drivers license or
other written or documentary evidence which shows that the other person is 18
years of age or older; and

(c) Reasonably relies upon the drivers license
or written or documentary evidence presented by the other person.

4. The employer of a child who is under 18
years of age may, for the purpose of allowing the child to handle or transport
tobacco or products made or
derived from tobacco in the course of the childs lawful
employment, provide tobacco or products made or derived from tobacco to the child.

5. With respect to any sale made by an
employee of a retail establishment, the owner of the retail establishment shall
be deemed to be in compliance with the provisions of subsection 2 if the owner:

(a) Had no actual knowledge of the sale; and

(b) Establishes and carries out a continuing
program of training for employees which is reasonably designed to prevent
violations of subsection 2.

6. The owner of a retail establishment
shall, whenever any product made or
derived from tobacco is being sold or offered for sale at the
establishment, display prominently at the point of sale:

(a) A notice indicating that:

(1) The sale of cigarettes and other
tobacco products to minors is prohibited by law; and

(2) The retailer may ask for proof of age
to comply with this prohibition; and

(b) At least
one sign that complies with the requirements of NRS 442.340.

Κ A person who
violates this subsection shall be punished by a fine of not more than $100.

7. It is unlawful for any retailer to sell
cigarettes through the use of any type of display:

(a) Which contains cigarettes and is located in
any area to which customers are allowed access; and

(b) From which cigarettes are readily accessible
to a customer without the assistance of the retailer,

Κ except a
vending machine used in compliance with NRS 202.2494. A person who violates
this subsection shall be punished by a fine of not more than $500.

8. Any money recovered pursuant to this
section as a civil penalty must be deposited in a separate account in the State
General Fund to be used for the enforcement of this section and NRS 202.2494.

Sec. 14. NRS
202.24935 is hereby amended to read as follows:

202.24935 1. It is unlawful
for a person to knowingly sell or distribute cigarettes, cigarette paper,
tobacco of any description or products made or derived from tobacco to a child under the
age of 18 years through the use of the Internet.

2. A person who violates the provisions of
subsection 1 shall be punished by a fine of not more than $500 and a civil
penalty of not more than $500. Any money recovered pursuant to this section as
a civil penalty must be deposited in the same manner as money is deposited
pursuant to subsection 8 of NRS 202.2493.

3. Every person who sells or distributes
cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco
through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper,
tobacco of any description or products made or derived from tobacco from the
person through the use of the Internet.

the age of 18 years from obtaining cigarettes, cigarette
paper, tobacco of any description or products made or derived from tobacco from the person
through the use of the Internet. The policy must include, without limitation, a
method for ensuring that the person who delivers such items obtains the
signature of a person who is over the age of 18 years when delivering the
items, that the packaging or wrapping of the items when they are shipped is
clearly marked with the word cigarettes or the words tobacco products, and
that the person complies with the provisions of 15 U.S.C. § 376. A person who
fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor
and shall be punished by a fine of not more than $500.

Sec. 15. NRS
202.2494 is hereby amended to read as follows:

202.2494 1. A cigarette
vending machine may be placed in a public area only if persons who are under 21
years of age are prohibited from loitering in that area pursuant to NRS 202.030
or 463.350.

2. A coin-operated vending machine
containing cigarettes must not be used to dispense any product not made or derived from tobacco.

Sec. 16. NRS
202.2496 is hereby amended to read as follows:

202.2496 1. As necessary to
comply with applicable federal law, the Attorney General shall conduct random,
unannounced inspections at locations where tobacco and products made or derived from tobacco
are sold, distributed or offered for sale to inspect for and enforce compliance
with NRS 202.2493 and 202.2494. For assistance in conducting any such
inspection, the Attorney General may contract with:

(a) Any sheriffs department;

(b) Any police department; or

(c) Any other person who will, in the opinion of
the Attorney General, perform the inspection in a fair and impartial manner.

2. If the inspector desires to enlist the
assistance of a child under the age of 18 for such an inspection, the inspector
shall obtain the written consent of the childs parent for such assistance.

3. A child assisting in an inspection pursuant
to this section shall, if questioned about his or her age, state his or her
true age and that he or she is under 18 years of age.

4. If a child is assisting in an
inspection pursuant to this section, the person supervising the inspection
shall:

(a) Refrain from altering or attempting to alter
the childs appearance to make the child appear to be 18 years of age or older.

(b) Photograph the child immediately before the
inspection is to occur and retain any photographs taken of the child pursuant
to this paragraph.

5. The person supervising an inspection
using the assistance of a child shall, within a reasonable time after the
inspection is completed:

(a) Inform a representative of the business
establishment from which the child attempted to purchase tobacco or products
made or derived from
tobacco that an inspection has been performed and the results of that
inspection.

(b) Prepare a report regarding the inspection.
The report must include the following information:

(1) The name of the person who supervised
the inspection and that persons position;

(2) The age and date of birth of the child
who assisted in the inspection;

(3) The name and position of the person
from whom the child attempted to purchase tobacco or products made or derived from tobacco;

(4) The name and address of the
establishment at which the child attempted to purchase tobacco or products made
or derived from
tobacco;

(5) The date and time of the inspection;
and

(6) The result of the inspection,
including whether the inspection resulted in the sale, distribution or offering
for sale of tobacco or products made or derived from tobacco to the child.

6. No civil or criminal action based upon
an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of
an inspection for compliance in which the assistance of a child has been
enlisted unless the inspection has been conducted in accordance with the
provisions of this section.

Sec. 17. Chapter
244 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
board of county commissioners may adopt an ordinance to establish an offense
related to tobacco that may include provisions which prohibit a child who is
under the age of 18 years from:

(a) Purchasing
or attempting to purchase tobacco products;

(b) Possessing
or attempting to possess tobacco products;

(c) Using
tobacco products; or

(d) Falsely
representing that he or she is 18 years of age or older to purchase, possess or
obtain tobacco products.

2. An
ordinance adopted pursuant to this section must provide that the provisions of
the ordinance do not apply to a child who is under the age of 18 years and who
is:

(a) Assisting
in an inspection pursuant to NRS 202.2496;

(b) Handling
or transporting tobacco products in the course of his or her lawful employment;

(c) Handling
or transporting tobacco products in the presence of his or her parent, spouse
or legal guardian who is 18 years of age or older; or

(d) Possessing
or using tobacco products for an established religious purpose.

3. As
used in this section, tobacco products means cigarettes, cigarette paper,
tobacco of any description or products made or derived from tobacco. As used in
this subsection, the term products made or derived from tobacco does not
include any product regulated by the United States Food and Drug Administration
pursuant to Chapter V of the Federal Food, Drug, and Cosmetics Act, 21 U.S.C.
§§ 351 et seq.

AN ACT relating to
public works; requiring the Administrator of the State Public Works Division of
the Department of Administration to authorize the construction or installation
of a memorial dedicated to Nevadas fallen soldiers on the Capitol Complex;
creating the Nevada Fallen Soldier Memorial Gift Account in the State General
Fund; and providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill requires the Administrator of the State Public
Works Division of the Department of Administration to authorize the
construction or installation of a memorial dedicated to Nevadas fallen
soldiers on the Capitol Complex. Section 1 of this bill requires the
American Legion Department of Nevada, or its successor organization, to: (1)
establish a committee to design the memorial; and (2) submit a design for the
memorial to the Administrator and the Nevada Veterans Services Commission for
their approval. Section 1 also requires the Commission to determine the
criteria for the placing of names on the memorial. Section 1.5 of this
bill: (1) creates the Nevada Fallen Soldier Memorial Gift Account in the State
General Fund; (2) authorizes the Executive Director and the Deputy Executive
Director for Veterans Services to accept any gift, grant or donation from any
source for deposit with the State Treasurer for credit to the Account; and (3)
authorizes money in the Account to be used for the design, construction or
installation and maintenance of the memorial.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. 1. The
Administrator of the State Public Works Division of the Department of
Administration shall, upon compliance with the provisions of this section,
allow the American Legion Department of Nevada, or its successor organization,
to construct or install a memorial dedicated to Nevadas fallen soldiers. The
memorial must be constructed or installed at an appropriate location on the
Capitol Complex as determined by the Administrator.

2. The American Legion Department of Nevada, or
its successor organization, shall:

(a) In consultation with such volunteers as it deems
desirable and the Nevada Veterans Services Commission, establish a committee to
design the memorial; and

(b) Submit to the Administrator and the Commission a
design for the memorial for approval by the Administrator and the Commission.

Κ Upon approval of
the design, the construction or installation of the memorial may begin.

3. The Nevada Veterans Services Commission
shall determine the criteria for the placing of names of Nevadas fallen
soldiers on the memorial.

4. As used in this section, fallen soldier
means a person who dies as a result of an injury sustained while on active duty
whether or not the person had been discharged from military service at the time
of his or her death.

Sec. 1.5. 1. The
Nevada Fallen Soldier Memorial Gift Account is hereby created in the State
General Fund. The Executive Director for Veterans Services and the Deputy
Executive Director for Veterans Services may accept donations, gifts and grants
of money from any source for deposit with the State Treasurer for credit to the
Account.

AN ACT relating to
scrap metal; authorizing a local law enforcement agency to establish or utilize
an electronic reporting system to receive information relating to purchases of
scrap metal; requiring, under certain circumstances, a scrap metal processor to
submit electronically to a local law enforcement agency or certain third
parties certain information relating to certain purchases of scrap metal;
requiring the Division of Industrial Relations of the Department of Business
and Industry to adopt regulations relating to the confidentiality of reported
information; revising provisions relating to certain records maintained by
scrap metal processors; providing a penalty; and providing other matters
properly relating thereto.

Existing law provides certain restrictions on the sale
and purchase of scrap metal in this State and requires scrap metal processors
to maintain certain records of purchases of scrap metal. (NRS 647.092-647.098) Section
1.3 of this bill authorizes a local law enforcement agency to establish an
electronic reporting system or utilize an existing electronic reporting system
to receive certain information relating to scrap metal purchases within the
jurisdiction of the law enforcement agency. Section 1.3 requires that
the system be electronically secure and accessible only to: (1) a scrap metal
processor for the purpose of submitting certain information; (2) an officer of
the local law enforcement agency; and (3) an authorized employee of any third
party that the local law enforcement agency contracts with for the purpose of
receiving and storing the information submitted by a scrap metal processor. If
a local law enforcement agency establishes an electronic reporting system or
utilizes an existing electronic reporting system, section 1.3 requires a
scrap metal processor to submit electronically to the local law enforcement
agency or, if applicable, any third party that the local law enforcement agency
has contracted with, certain information relating to each purchase of scrap
metal from certain persons. Section 1.3 further requires the Division of
Industrial Relations of the Department of Business and Industry to adopt
certain regulations providing for the confidential maintenance of reported
information and the oversight of designated third parties that may contract
with a law enforcement agency to receive and maintain such information.

Section 2 of this bill revises provisions relating
to the acceptable forms of personal identification which a scrap metal
processor may accept for the purpose of maintaining certain records relating to
purchases of scrap metal.

Section 1.5 of this bill provides that a person is
immune from any civil liability for any action taken with respect to carrying
out the provisions of this bill, so long as such actions are taken in good
faith and without malicious intent.

Section 1.7 of this bill requires a person in
whose possession the information required to be submitted to a local law
enforcement agency is held to keep the information confidential. Section 1.7
also provides that a person who knowingly and willfully violates this requirement
is guilty of a gross misdemeanor.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
647 of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.3, 1.5 and 1.7 of this act.

Sec. 1.3.1. A local law enforcement
agency may establish an electronic reporting system or utilize an existing
electronic reporting system to receive information relating to the purchase of
scrap metal by a scrap metal processor that transacts business within the
jurisdiction of the local law enforcement agency. An electronic reporting
system established or utilized pursuant to this subsection must:

(a) Be
electronically secure and accessible only to:

(1) A
scrap metal processor for the purpose of submitting the information required by
subsection 2;

(2) An
officer of the local law enforcement agency; and

(3) If
applicable, an authorized employee of any designated third party.

(b) Provide
for the electronic submission of information by a scrap metal processor.

2. If
a local law enforcement agency establishes an electronic reporting system or
utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that
transacts business within the jurisdiction of the local law enforcement agency
shall, before 12 p.m.

pursuant to
subsection 1, each scrap metal processor that transacts business within the
jurisdiction of the local law enforcement agency shall, before 12 p.m. of each
business day, submit electronically to the local law enforcement agency or, if
applicable, a designated third party the following information regarding each
purchase of scrap metal conducted on the preceding day from a person who sold
the scrap metal in his or her individual capacity:

(a) The
name of the seller;

(b) The
date of the purchase;

(c) The
name of the person or employee who conducted the transaction on behalf of the
scrap metal processor;

(d) The
name, street, house number and date of birth listed on the identification
provided pursuant to paragraph (c) of subsection 1 of NRS 647.094 and a
physical description of the seller, including the sellers gender, height, eye
color and hair color;

(e) The
license number and general description of any vehicle that delivered the scrap
metal;

(f) The
description of the scrap metal recorded pursuant to paragraph (h) of subsection
1 of NRS 647.094; and

(g) The
amount, in weight, of scrap metal purchased.

3. If
a scrap metal processor is required to submit information to a local law
enforcement agency or, if applicable, a designated third party pursuant to
subsection 2, the scrap metal processor shall display prominently at the point
of purchase a public notice, in a form approved by the local law enforcement
agency, describing the information that the scrap metal processor is required
to submit electronically to the local law enforcement agency or, if applicable,
the designated third party.

4. Nothing
in this section shall be deemed to limit or otherwise abrogate any duty of a
scrap metal processor to maintain a book or other permanent record of
information pursuant to NRS 647.094.

5. If
a local law enforcement agency establishes an electronic reporting system or
utilizes an existing electronic reporting system to receive information
pursuant to this section, the local law enforcement agency shall, on or before
January 15 of each odd-numbered year, submit to the Director of the Legislative
Counsel Bureau for transmittal to the Legislature a report regarding the effect
of the electronic reporting system on the incidence of crime which relates to
the sale or purchase of scrap metal within the jurisdiction of the law
enforcement agency.

6. The
provisions of this section do not apply to the purchase of scrap metal from a
business entity.

7. The Division of Industrial Relations of
the Department of Business and Industry shall, in consultation with
representatives from local law enforcement agencies in this state and
representatives from the scrap metal industry, adopt regulations to ensure the
confidentiality of information which is reported and maintained pursuant to
this section, including, without limitation, regulations providing for:

(a) The
confidentiality of consumer information;

(b) The
confidentiality of proprietary information;

(c) Equity
of input into contractual terms;

(d) Contractual
terms relating to disclaimers, indemnification and the ownership of data by a
designated third party;

(e) Oversight
of a designated third party that handles, maintains or has access to such
information, including, without limitation, the qualifications, equipment,
procedures and background checks required of a designated third party;

(f) The
manner in which reported information may be used, shared or disseminated; and

(g) The
maintenance of reported information in relationship to other data maintained by
a law enforcement agency.

8. As
used in this section, designated third party means any person with whom a
local law enforcement agency has entered into a contract for the purpose of
receiving and storing any information required to be submitted electronically
by a scrap metal processor pursuant to subsection 2.

Sec. 1.5. A person is immune from any civil liability for any action
taken in good faith and without malicious intent in carrying out the provisions
of NRS 647.094 or section 1.3 of this act.

Sec. 1.7. 1. Except as otherwise required pursuant to
section 1.3 of this act, any information concerning the purchase of scrap
metal, as described in NRS 647.094 and section 1.3 of this act, must be kept
confidential by the person in whose possession such information is held.

2. A
person who knowingly and willfully violates subsection 1 is guilty of a gross
misdemeanor.

Sec. 2. NRS
647.094 is hereby amended to read as follows:

647.094 1. Every scrap metal
processor shall maintain in his or her place of business a book or other permanent
record in which must be made, at the time of each purchase of scrap metal, a
record of the purchase that contains:

(a) The date of the purchase.

(b) The name or other identification of the
person or employee conducting the transaction on behalf of the scrap metal
processor.

(c) A copy of the sellers valid [personal]:

(1) Personal
identification card [or valid drivers]issued by this State or any other
state or territory of the United States;

(2) Drivers
license issued by [a]this State or any other state [or
a copy of the sellers valid]or territory of the United States;

(3) United
States military identification card[.] ; or

(4) Any
form of identification which may serve as an acceptable form of identification
pursuant to NRS 237.200.

(d) The name, street, house number and date of
birth listed on the identification provided pursuant to paragraph (c) and a
physical description of the seller, including the sellers gender, height, eye
color and hair color.

(e) A photograph, video record or digital record
of the seller.

(f) The fingerprint of the right index finger of
the seller. If the sellers right index finger is not available, the scrap
metal processor must obtain the fingerprint of one of the sellers remaining
fingers and thumbs.

(g) The license number and general description of
the vehicle delivering the scrap metal that is being purchased.

(h) A description of the scrap metal that is
being purchased which is consistent with the standards published and commonly
applied in the scrap metal industry.

2. All records kept pursuant to subsection
1 must be legibly written in the English language, if applicable.

3. A scrap metal processor shall document
each purchase of scrap metal with a photograph or video recording which must be
retained on-site for not less than 60 days after the date of the purchase.

4. All scrap metal purchased by the scrap
metal processor and the records created in accordance with subsection 1,
including, but not limited to, any photographs or video recordings, must at all
times during ordinary hours of business be open to the inspection of a
prosecuting attorney or any peace officer.

________

CHAPTER 329, SB 237

Senate Bill No. 237Committee on Judiciary

CHAPTER 329

[Approved:
June 1, 2013]

AN ACT relating to
crimes; changing the penalty for certain graffiti offenses committed on any
protected site in this State; revising the definition of protected site as it
relates to such graffiti offenses; providing a penalty; and providing other
matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides that a person who places graffiti
on or otherwise defaces the real or personal public or private property of
another without the permission of the owner is guilty of a category C felony if
the offense is committed on any protected site in this State. (NRS 206.330)
This bill changes the penalty for such an offense to a category D felony. This
bill also revises the definition of protected site to include any site,
building, structure, object or district: (1) listed in the register of historic
resources of a community which is recognized as a Certified Local Government
pursuant to the Certified Local Government Program jointly administered by the
National Park Service and the Office of Historic Preservation of the State
Department of Conservation and Natural Resources; (2) listed in the State
Register of Historic Places or the National Register of Historic Places; or (3)
that is more than 50 years old and is located in a municipal or state park.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
206.330 is hereby amended to read as follows:

206.330 1. Unless a greater
criminal penalty is provided by a specific statute, a person who places
graffiti on or otherwise defaces the public or private property, real or
personal, of another, without the permission of the owner:

(a) Where the value of the loss is less than
$250, is guilty of a misdemeanor.

(b) Where the value of the loss is $250 or more
but less than $5,000, is guilty of a gross misdemeanor.

(c) Where the value of the loss is $5,000 or more
or where the damage results in the impairment of public communication,
transportation or police and fire protection, is guilty of a category E felony
and shall be punished as provided in NRS 193.130. If the court grants probation
to such a person, the court shall require as a condition of probation that the
person serve at least 10 days in the county jail.

(d) Where the offense is committed on any
protected site in this State, is guilty of a category [C]D felony and shall be
punished as provided in NRS 193.130. If the court grants probation to such a
person, the court shall require as a condition of probation that the person
serve at least 10 days in the county jail.

2. If a person commits more than one
offense pursuant to a scheme or continuing course of conduct, the value of all
property damaged or destroyed by that person in the commission of those
offenses must be aggregated for the purpose of determining the penalty prescribed
in subsection 1, but only if the value of the loss when aggregated is $500 or
more.

3. A person who violates subsection 1
shall, in addition to any other fine or penalty imposed:

(a) For the first offense, pay a fine of not less
than $400 but not more than $1,000 and perform 100 hours of community service.

(b) For the second offense, pay a fine of not
less than $750 but not more than $1,000 and perform 200 hours of community
service.

(c) For the third and each subsequent offense:

(1) Pay a fine of $1,000; and

(2) Perform up to 300 hours of community
service for up to 1 year, as determined by the court. The court may order the
person to repair, replace, clean up or keep free of graffiti the property
damaged or destroyed by the person or, if it is not practicable for the person
to repair, replace, clean up or keep free of graffiti that specific property,
the court may order the person to repair, replace, clean up or keep free of
graffiti another specified property.

Κ The
community service assigned pursuant to this subsection must, if possible, be
related to the abatement of graffiti.

4. The court may, in addition to any other
fine or penalty imposed, order a person who violates subsection 1 to pay
restitution.

5. The parent or legal guardian of a
person under 18 years of age who violates this section is liable for all fines
and penalties imposed against the person. If the parent or legal guardian is
unable to pay the fine and penalties resulting from a violation of this section
because of financial hardship, the court may require the parent or legal
guardian to perform community service.

6. If a person who is 18 years of age or
older is found guilty of violating this section, the court shall, in addition
to any other penalty imposed, issue an order suspending the drivers license of
the person for not less than 6 months but not more than 2 years. The court
shall require the person to surrender all drivers licenses then held by the
person. If the person does not possess a drivers license, the court shall
issue an order prohibiting the person from applying for a drivers license for
not less than 6 months but not more than 2 years. The court shall, within 5
days after issuing the order, forward to the Department of Motor Vehicles any
licenses together with a copy of the order.

7. The Department of Motor Vehicles:

(a) Shall not treat a violation of this section
in the manner statutorily required for a moving traffic violation.

(b) Shall report the suspension of a drivers
license pursuant to this section to an insurance company or its agent inquiring
about the persons driving record. An insurance company shall not use any
information obtained pursuant to this paragraph for purposes related to
establishing premium rates or determining whether to underwrite the insurance.

8. A criminal penalty imposed pursuant to
this section is in addition to any civil penalty or other remedy available
pursuant to this section or another statute for the same conduct.

9. As used in this section:

(a) Impairment means the disruption of ordinary
and incidental services, the temporary loss of use or the removal of the property
from service for repair of damage.

(b) Protected site means:

(1) [A]Any site, landmark,
monument, building or structure of historical significance pertaining to the
history of the settlement of Nevada;

(2) Any site, building, structure, object or district listed in
the register of historic resources of a community which is recognized as a
Certified Local Government pursuant to the Certified Local Government Program
jointly administered by the National Park Service and the Office of Historic Preservation
of the State Department of Conservation and Natural Resources;

(3) Any
site, building, structure, object or district listed in the State Register of
Historic Places pursuant to NRS 383.085 or the National Register of Historic
Places;

(4) Any
site, building, structure, object or district that is more than 50 years old
and is located in a municipal or state park;

(5) Any
Indian campgrounds, shelters, petroglyphs, pictographs and burials; or

[(3)](6) Any archeological or paleontological
site, ruin, deposit, fossilized footprints and other impressions, petroglyphs
and pictographs, habitation caves, rock shelters, natural caves, burial ground
or sites of religious or cultural importance to an Indian tribe.

(c) Value of the loss means the cost of
repairing, restoring or replacing the property, including, without limitation,
the cost of any materials and labor necessary to repair, restore or replace the
item.

________

κ2013
Statutes of Nevada, Page 1543κ

CHAPTER 330, SB 278

Senate Bill No. 278Senators Ford and Jones

Joint Sponsors: Assemblymen Healey, Spiegel; and
Frierson

CHAPTER 330

[Approved:
June 1, 2013]

AN ACT relating to
real property; establishing an expedited process for the foreclosure of
abandoned residential property; authorizing a board of county commissioners or
the governing body of an incorporated city to establish by ordinance a registry
of abandoned residential real property and a registry of real property in danger
of becoming abandoned; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides for a trustee under a deed of trust
to exercise a power of sale on real property after a breach of an obligation or
payment of debt secured by the deed of trust. (NRS 107.080) This bill
establishes an expedited procedure for the exercise of the power of sale with
respect to abandoned residential property.

Section 2 of this bill establishes the criteria to
be used to determine whether real property constitutes abandoned residential
property. Section 4 of this bill authorizes a beneficiary of a deed of
trust to elect to use an expedited procedure for the exercise of the trustees
power of sale if: (1) after an investigation of the property, the beneficiary
determines that the property is abandoned residential property; and (2) the
beneficiary receives a certification that the property is abandoned residential
property from an agency or contractor designated by the county or city in which
the property is located. Under section 4, each county and city must
designate an agency or contractor to provide certifications that property is
abandoned residential property, and that agency or contractor may charge the
beneficiary a fee of not more than $300 to provide such certifications. To
elect to use the expedited procedure, the beneficiary must include with the
notice of default and election to sell the certification of the agency or
contractor designated by the county or city and an affidavit setting forth the
circumstances and conditions supporting the determination that the property is
abandoned residential property. If the certification and affidavit are included
with the notice of default and election to sell: (1) section 5 of this bill
authorizes a notice of the sale of the property to be recorded not less than 60
days, rather than 3 months, after the recording of the notice of default and
election to sell; and (2) section 6 of this bill provides that the
requirements relating to the Foreclosure Mediation Program are inapplicable and
that the trustee may exercise the power of sale by obtaining a certificate from
the Mediation Administrator.

Under section 4, if the trustees sale is not
conducted within 6 months, unless the trustees sale is tolled under certain
circumstances, after receipt of a certification from the agency or contractor
designated by the county or city: (1) the notice of default and election to
sell and the affidavit and certification to elect the expedited procedure are
deemed to be withdrawn; and (2) the beneficiary is liable to the grantor or the
successor in interest of the grantor for a civil penalty of not more than $500.
Section 4 further authorizes a grantor of a deed of trust or his or her
successor in interest to record an affidavit stating that the property is not
abandoned residential property and, if such an affidavit is recorded before the
trustees sale of the property, the notice of default and election to sell and
the affidavit and certification to elect the expedited sale procedure are
deemed to be withdrawn.

Section 3 of this bill: (1) authorizes a board of
county commissioners or the governing body of an incorporated city to establish
a registry of abandoned residential property and a registry of real property
that is in danger of becoming abandoned residential property; and (2) requires
the affidavit and certification required to elect the expedited sale procedure
to be submitted to the entity maintaining the registry of abandoned residential
property for the jurisdiction in which the property is located.

Section 7 of this bill provides that this bill
expires by limitation on June 30, 2017, and thus, the authorization to use the
expedited procedure for the exercise of the trustees power of sale expires on
that date.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
107 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. As used in this section and NRS 107.080 to 107.110,
inclusive, and sections 3 and 4 of this act, unless the context otherwise
requires:

1. Abandoned
residential property means residential real property:

(a) Consisting
of not more than four family dwelling units or a single-family residential
unit, including, without limitation, a condominium, townhouse or home within a
subdivision, if the unit is sold, leased or otherwise conveyed unit by unit,
regardless of whether the unit is part of a larger building or parcel that
consists of more than four units; and

(b) That
the grantor or the successor in interest of the grantor has surrendered as
evidenced by a document signed by the grantor or successor confirming the
surrender or by the delivery of the keys to the property to the beneficiary or
that satisfies the following conditions:

(1) The
residential real property is not currently occupied as a principal residence by
the grantor of the deed of trust, the person who holds title of record or any
lawful occupant;

(2) The
obligation secured by the deed of trust is in default and the deficiency in
performance or payment has not been cured;

(3) The
gas, electric and water utility services to the residential real property have
been terminated;

(4) It
appears, after reasonable inquiry, that there are no children enrolled in
school residing at the address of the residential real property;

(5) Payments
pursuant to the federal Social Security Act, including, without limitation,
retirement and survivors benefits, supplemental security income benefits and
disability insurance benefits, payments for unemployment compensation or
payments for public assistance, as defined in NRS 422.050 and 422A.065, are not
currently being delivered, electronically or otherwise, to a person who has
registered the address of the residential real propertyas his or her residence with the agency
making the payment;

(6) An
owner of the residential real property is not presently serving in the Armed
Forces of the United States, a reserve component thereof or the National Guard;
and

(I) Construction
was initiated on the residential real property and was discontinued before
completion, leaving a building unsuitable for occupancy, and no construction
has taken place for at least 6 months;

(II) Multiple
windows on the residential real property are boarded up or closed off or are
smashed through, broken off or unhinged, or multiple window panes are broken
and unrepaired;

(IV) The
residential real property has been stripped of copper or other materials, or
interior fixtures to the property have been removed;

(V) Law
enforcement officials have received at least one report of trespassing or
vandalism or other illegal acts being committed at the residential real
property within the immediately preceding 6 months;

(VI) The
residential real property has been declared unfit for occupancy and ordered to
remain vacant and unoccupied under an order issued by a municipal or county authority
or a court of competent jurisdiction;

(VII) The
local police, fire or code enforcement authority has requested that the owner
or any other interested or authorized party secure the residential real
property because the local authority has declared the property to be an
imminent danger to the health, safety and welfare of the public; or

(VIII) The
residential real property is open and unprotected and in reasonable danger of
significant damage resulting from exposure to the elements or vandalism.

2. The
term does not include residential real property if:

(a) There
is construction, renovation or rehabilitation on the residential real property
that is proceeding diligently to completion, and any building being
constructed, renovated or rehabilitated on the property is in substantial
compliance with all applicable ordinances, codes, regulations and laws;

(b) The
residential real property is occupied on a seasonal basis, but is otherwise
secure;

(c) There
are bona fide rental or sale signs on the residential real property, or the
property is listed on a Multiple Listing Service, and the property is secure;
or

(d) The
residential real property is secure but is the subject of a probate action,
action to quiet title or any other ownership dispute.

Sec. 3. 1. A board of county commissioners or the
governing body of an incorporated city may establish by ordinance:

(a) A
registry of abandoned residential property that contains information concerning
abandoned residential property located in the county or city.

(b) A
registry of residential property located in the county or city that may be in
danger of becoming abandoned residential property.

2. If
a beneficiary of a deed of trust, the successor in interest of the beneficiary
or the trustee includes with a notice of default and election to sell recorded
pursuant to subsection 2 of NRS 107.080 the affidavit and certification
described in subsection 6 of section 4 of this act and the county or city in
which the abandoned residential property is located has established a registry
of abandoned residential property, the beneficiary or its successor in interest
or the trustee must submit a copy of the affidavit and certification to the entity maintaining the registry for
the county or city in which the abandoned residential property is located.

and certification to
the entity maintaining the registry for the county or city in which the
abandoned residential property is located.

3. If
a beneficiary of a deed of trust, the successor in interest of the beneficiary
or the trustee receives a copy of the affidavit described in subsection 7 of
section 4 of this act, the beneficiary or its successor in interest or the
trustee must notify the entity maintaining the registry for the county or city
in which the property described in the affidavit is located. Upon receiving
such a notification, the entity maintaining the registry must remove the
property from the registry.

4. If
a property which has been removed from a registry established pursuant to this
section subsequently becomes abandoned residential property or in danger of
becoming abandoned residential property, the property may be added to the
applicable registry in accordance with this section or the requirements
established for the registry by the board of county commissioners or the
governing body of an incorporated city.

Sec. 4. 1. A beneficiary may elect to use an expedited
procedure for the exercise of the trustees power of sale pursuant to NRS
107.080 if, after an investigation, the beneficiary:

(a) Determines
that real property is abandoned residential property; and

(b) Receives
from the applicable governmental entity a certification pursuant to subsection
4.

2. Each
board of county commissioners of a county and each governing body of an
incorporated city shall designate an agency or a contractor to inspect real
property upon receipt of a request pursuant to paragraph (b) of subsection 3
and to provide certifications that real property is abandoned residential
property pursuant to subsection 4.

3. If
a beneficiary has a reasonable belief that real property may be abandoned
residential property, the beneficiary or its agent:

(a) May
enter the real property, but may not enter any dwelling or structure, to
investigate whether the real property is abandoned residential property.
Notwithstanding any other provision of law, a beneficiary and its agents who
enter real property pursuant to this paragraph are not liable for trespass.

(b) May
request a certification pursuant to subsection 4 from the agency or contractor
designated by the applicable governmental entity pursuant to subsection 2.

4. Upon
receipt of a request pursuant to paragraph (b) of subsection 3, the agency or
contractor designated by the applicable governmental entity shall inspect the
real propertyto
determine the existence of two or more conditions pursuant to subparagraph (7)
of paragraph (b) of subsection 1 of section 2 of this act. The designee and any
employees of the designee may enter the real property, but may not enter any
dwelling or structure, to perform an inspection pursuant to this subsection,
and the designee and any employees who enter real property pursuant to this
subsection are not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, or for trespass. If the designee
or an employee of the designee determines that the real property is abandoned
residential property, the designee shall serve a notice by first-class mail to
the grantor or the successor in interest of the grantor and by posting the
notice on the front door of the residence. The notice must provide that unless
a lawful occupant of the real property contacts the designee within 30 days after service of the notice, the
designee will issue a certification that the real property is abandoned
residential property and that the beneficiary may use the certification to seek
an expedited procedure for the exercise of the trustees power of sale.

designee within 30
days after service of the notice, the designee will issue a certification that
the real property is abandoned residential property and that the beneficiary
may use the certification to seek an expedited procedure for the exercise of
the trustees power of sale. If a grantor or the successor in interest of the
grantor or a lawful occupant of the real property fails to contact the designee
within 30 days after service of the notice, the designee shall provide to the
beneficiary a certification that the real property is abandoned residential
property. The certification required by this subsection must:

(a) Be
signed and verified by the designee or the employee or employees of the
designee who inspected the real property;

(b) State
that, upon information and belief of the designee, after investigation by the
designee or the employee or employees of the designee, the real property is
abandoned residential property; and

(c) State
the conditions or circumstances supporting the determination that the property
is abandoned residential property. Documentary evidence in support of such
conditions or circumstances must be attached to the certification.

5. For
an inspection, service of notice and issuance of a certification pursuant to
subsection 4, the agency or contractor designated pursuant to subsection 2 by
the applicable governmental entity may charge and receive from the beneficiary
a fee of not more than $300.

6. A
beneficiary who elects to use an expedited procedure for the exercise of the
trustees power of sale pursuant to NRS 107.080 must include, or cause to be
included, with the notice of default and election to sell recorded pursuant to
subsection 2 of NRS 107.080 an affidavit setting forth the facts supporting the
determination that the real property is abandoned residential propertyand the certification provided to
the beneficiary pursuant to subsection 4. The affidavit required by this
subsection must:

(a) Be
signed and verified by the beneficiary;

(b) State
that, upon information and belief of the beneficiary after investigation by the
beneficiary or its agent, the property is abandoned residential property; and

(c) State
the conditions or circumstances supporting the determination that the property
is abandoned residential property. Documentary evidence in support of such conditions
or circumstances must be attached to the affidavit.

7. If
the notice of default and election to sell recorded pursuant to subsection 2 of
NRS 107.080 includes the affidavit and certification described in subsection 6,
before the sale, the grantor or a successor in interest of the grantor may
record in the office of the county recorder in the county where the real
property is located an affidavit stating that the real property is not
abandoned residential property, unless the grantor or the successor in interest
of the grantor has surrendered the property as evidenced by a document signed
by the grantor or successor confirming the surrender or by the delivery of the
keys to the real property to the beneficiary. Upon the recording of such an
affidavit:

(a) The
grantor or the successor in interest must mail by registered or certified mail,
return receipt requested, to the beneficiary and the trustee a copy of the
affidavit; and

(b) The
notice of default and election to sell and the affidavit and certification
described in subsection 6 are deemed to be withdrawn.

8. If
the notice of default and election to sell recorded pursuant to subsection 2 of
NRS 107.080 includes the affidavit and certification described in subsection 6,
the trustees sale of the abandoned residential property must be conducted
within 6 months after the beneficiary received the certification. If the
trustees sale is not conducted within 6 months after the beneficiary received
the certification:

(a) The
notice of default and election to sell and the affidavit and certification
described in subsection 6 are deemed to be withdrawn; and

(b) The
beneficiary is liable to the grantor or the successor in interest of the
grantor for a civil penalty of not more than $500.

9. The
period specified in subsection 8 is tolled:

(a) If a
borrower has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13, until the
bankruptcy court enters an order closing or dismissing the bankruptcy case or
granting relief from a stay of the trustees sale.

(b) If a
court issues a stay or enjoins the trustees sale, until the court issues an
order granting relief from the stay or dissolving the injunction.

10. As
used in this section:

(a) Applicable
governmental entity means:

(1) If
the real property is within the boundaries of a city, the governing body of the
city; and

(2) If
the real property is not within the boundaries of a city, the board of county
commissioners of the county in which the property is located.

(b) Beneficiary
means the beneficiary of the deed of trust or the successor in interest of the
beneficiary or any person designated or authorized to act on behalf of the
beneficiary or its successor in interest.

Sec. 5. NRS
107.080 is hereby amended to read as follows:

107.080 1. Except as
otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in
trust of any estate in real property is made after March 29, 1927, to secure
the performance of an obligation or the payment of any debt, a power of sale is
hereby conferred upon the trustee to be exercised after a breach of the
obligation for which the transfer is security.

2. The power of sale must not be
exercised, however, until:

(a) Except as otherwise provided in paragraph
(b), in the case of any trust agreement coming into force:

(1) On or after July 1, 1949, and before
July 1, 1957, the grantor, the person who holds the title of record, a
beneficiary under a subordinate deed of trust or any other person who has a
subordinate lien or encumbrance of record on the property has, for a period of
15 days, computed as prescribed in subsection 3, failed to make good the
deficiency in performance or payment; or

(2) On or after July 1, 1957, the grantor,
the person who holds the title of record, a beneficiary under a subordinate
deed of trust or any other person who has a subordinate lien or encumbrance of
record on the property has, for a period of 35 days, computed as prescribed in
subsection 3, failed to make good the deficiency in performance or payment.

(b) In the case of any trust agreement which
concerns owner-occupied housing as defined in NRS 107.086, the grantor, the
person who holds the title of record, a beneficiary under a subordinate deed of
trust or any other person who has a subordinate lien or encumbrance of record
on the property has, for a period that commences in the
manner and subject to the requirements described in subsection 3 and expires 5
days before the date of sale, failed to make good the deficiency in performance
or payment.

has, for a period that commences in the manner and subject to
the requirements described in subsection 3 and expires 5 days before the date
of sale, failed to make good the deficiency in performance or payment.

(c) The beneficiary, the successor in interest of
the beneficiary or the trustee first executes and causes to be recorded in the
office of the recorder of the county wherein the trust property, or some part
thereof, is situated a notice of the breach and of the election to sell or
cause to be sold the property to satisfy the obligation which, except as
otherwise provided in this paragraph, includes a notarized affidavit of
authority to exercise the power of sale stating, based on personal knowledge
and under the penalty of perjury:

(1) The full name and business address of
the trustee or the trustees personal representative or assignee, the current
holder of the note secured by the deed of trust, the current beneficiary of
record and the servicers of the obligation or debt secured by the deed of
trust;

(2) The full name and last known business
address of every prior known beneficiary of the deed of trust;

(3) That the beneficiary under the deed of
trust, the successor in interest of the beneficiary or the trustee is in actual
or constructive possession of the note secured by the deed of trust;

(4) That the trustee has the authority to
exercise the power of sale with respect to the property pursuant to the
instruction of the beneficiary of record and the current holder of the note
secured by the deed of trust;

(5) The amount in default, the principal
amount of the obligation or debt secured by the deed of trust, a good faith
estimate of all fees imposed and to be imposed because of the default and the
costs and fees charged to the debtor in connection with the exercise of the
power of sale; and

(6) The date, recordation number or other
unique designation of the instrument that conveyed the interest of each
beneficiary and a description of the instrument that conveyed the interest of
each beneficiary.

Κ The
affidavit described in this paragraph is not required for the exercise of the
trustees power of sale with respect to any trust agreement which concerns a
time share within a time share plan created pursuant to chapter 119A of NRS if the
power of sale is being exercised for the initial beneficiary under the deed of
trust or an affiliate of the initial beneficiary.

(d) Not less than 3 months have elapsed after the
recording of the notice[.] or, if the notice includes an affidavit
and a certification indicating that, pursuant to section 4 of this act, an
election has been made to use the expedited procedure for the exercise of the
power of sale with respect to abandoned residential property, not less than 60
days have elapsed after the recording of the notice.

3. The 15- or 35-day period provided in
paragraph (a) of subsection 2, or the period provided in paragraph (b) of
subsection 2, commences on the first day following the day upon which the
notice of default and election to sell is recorded in the office of the county
recorder of the county in which the property is located and a copy of the
notice of default and election to sell is mailed by registered or certified
mail, return receipt requested and with postage prepaid to the grantor or, to
the person who holds the title of record on the date the notice of default and
election to sell is recorded, and, if the property is operated as a facility
licensed under chapter 449 of NRS, to the State Board of Health, at their
respective addresses, if known, otherwise to the address of the trust property.
The notice of default and election to sell must:

(a) Describe the deficiency in performance or
payment and may contain a notice of intent to declare the entire unpaid balance
due if acceleration is permitted by the obligation secured by the deed of
trust, but acceleration must not occur if the deficiency in performance or
payment is made good and any costs, fees and expenses incident to the
preparation or recordation of the notice and incident to the making good of the
deficiency in performance or payment are paid within the time specified in
subsection 2; [and]

(b) If,
pursuant to section 4 of this act, an election has been made to use the
expedited procedure for the exercise of the power of sale with respect to
abandoned residential property, include the affidavit and certification
required by subsection 6 of section 4 of this act; and

(c) If
the property is a residential foreclosure, comply with the provisions of NRS
107.087.

4. The trustee, or other person authorized
to make the sale under the terms of the trust deed or transfer in trust, shall,
after expiration of the [3-month]applicable period specified in paragraph (d) of subsection 2
following the recording of the notice of breach and election to sell, and
before the making of the sale, give notice of the time and place thereof by
recording the notice of sale and by:

(a) Providing the notice to each trustor, any
other person entitled to notice pursuant to this section and, if the property
is operated as a facility licensed under chapter 449 of NRS, the State Board of
Health, by personal service or by mailing the notice by registered or certified
mail to the last known address of the trustor and any other person entitled to
such notice pursuant to this section;

(b) Posting a similar notice particularly
describing the property, for 20 days successively, in a public place in the
county where the property is situated;

(c) Publishing a copy of the notice three times,
once each week for 3 consecutive weeks, in a newspaper of general circulation
in the county where the property is situated or, if the property is a time
share, by posting a copy of the notice on an Internet website and publishing a
statement in a newspaper in the manner required by subsection 3 of NRS
119A.560; and

(d) If the property is a residential foreclosure,
complying with the provisions of NRS 107.087.

5. Every sale made under the provisions of
this section and other sections of this chapter vests in the purchaser the
title of the grantor and any successors in interest without equity or right of
redemption. A sale made pursuant to this section must be declared void by any
court of competent jurisdiction in the county where the sale took place if:

(a) The trustee or other person authorized to
make the sale does not substantially comply with the provisions of this section
or any applicable provision of NRS 107.086 and 107.087;

(b) Except as otherwise provided in subsection 6,
an action is commenced in the county where the sale took place within 90 days
after the date of the sale; and

(c) A notice of lis pendens providing notice of
the pendency of the action is recorded in the office of the county recorder of
the county where the sale took place within 30 days after commencement of the
action.

6. If proper notice is not provided
pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to
the person who holds the title of record on the date the notice of default and
election to sell is recorded, to each trustor or to any
other person entitled to such notice, the person who did not receive such
proper notice may commence an action pursuant to subsection 5 within 120 days
after the date on which the person received actual notice of the sale.

trustor or to any other person entitled to such notice, the
person who did not receive such proper notice may commence an action pursuant
to subsection 5 within 120 days after the date on which the person received
actual notice of the sale.

7. If, in an action brought by the grantor
or the person who holds title of record in the district court in and for the
county in which the real property is located, the court finds that the
beneficiary, the successor in interest of the beneficiary or the trustee did
not comply with any requirement of subsection 2, 3 or 4, the court must award
to the grantor or the person who holds title of record:

(a) Damages of $5,000 or treble the amount of
actual damages, whichever is greater;

(b) An injunction enjoining the exercise of the
power of sale until the beneficiary, the successor in interest of the
beneficiary or the trustee complies with the requirements of subsections 2, 3
and 4; and

(c) Reasonable attorneys fees and costs,

Κ unless the
court finds good cause for a different award. The remedy provided in this
subsection is in addition to the remedy provided in subsection 5.

8. The sale of a lease of a dwelling unit
of a cooperative housing corporation vests in the purchaser title to the shares
in the corporation which accompany the lease.

9. After a sale of property is conducted pursuant
to this section, the trustee shall:

(a) Within 30 days after the date of the sale,
record the trustees deed upon sale in the office of the county recorder of the
county in which the property is located; or

(b) Within 20 days after the date of the sale,
deliver the trustees deed upon sale to the successful bidder. Within 10 days
after the date of delivery of the deed by the trustee, the successful bidder
shall record the trustees deed upon sale in the office of the county recorder
of the county in which the property is located.

10. If the successful bidder fails to
record the trustees deed upon sale pursuant to paragraph (b) of subsection 9,
the successful bidder:

(a) Is liable in a civil action to any party that
is a senior lienholder against the property that is the subject of the sale in
a sum of up to $500 and for reasonable attorneys fees and the costs of
bringing the action; and

(b) Is liable in a civil action for any actual
damages caused by the failure to comply with the provisions of subsection 9 and
for reasonable attorneys fees and the costs of bringing the action.

11. The county recorder shall, in addition
to any other fee, at the time of recording a notice of default and election to
sell collect:

(a) A fee of $150 for deposit in the State
General Fund.

(b) A fee of $45 for deposit in the Account for
Foreclosure Mediation, which is hereby created in the State General Fund. The
Account must be administered by the Court Administrator, and the money in the
Account may be expended only for the purpose of supporting a program of
foreclosure mediation established by Supreme Court Rule.

(c) A fee of $5 to be paid over to the county
treasurer on or before the fifth day of each month for the preceding calendar
month. The county recorder may direct that 1.5 percent of the fees collected by
the county recorder pursuant to this paragraph be transferred into a special
account for use by the office of the county recorder.

use by the office of the county recorder. The county
treasurer shall remit quarterly to the organization operating the program for
legal services that receives the fees charged pursuant to NRS 19.031 for the
operation of programs for the indigent all the money received from the county
recorder pursuant to this paragraph.

12. The fees collected pursuant to
paragraphs (a) and (b) of subsection 11 must be paid over to the county
treasurer by the county recorder on or before the fifth day of each month for
the preceding calendar month, and, except as otherwise provided in this
subsection, must be placed to the credit of the State General Fund or the
Account for Foreclosure Mediation as prescribed pursuant to subsection 11. The
county recorder may direct that 1.5 percent of the fees collected by the county
recorder be transferred into a special account for use by the office of the
county recorder. The county treasurer shall, on or before the 15th day of each
month, remit the fees deposited by the county recorder pursuant to this
subsection to the State Controller for credit to the State General Fund or the
Account as prescribed in subsection 11.

13. The beneficiary, the successor in
interest of the beneficiary or the trustee who causes to be recorded the notice
of default and election to sell shall not charge the grantor or the successor
in interest of the grantor any portion of any fee required to be paid pursuant
to subsection 11.

14. As used in this section:

(a) Residential foreclosure means the sale of a
single family residence under a power of sale granted by this section. As used
in this paragraph, single family residence:

(1) Means a structure that is comprised of
not more than four units.

(2) Does not include vacant land or any
time share or other property regulated under chapter 119A of NRS.

(b) Trustee means the trustee of record.

Sec. 6. NRS
107.086 is hereby amended to read as follows:

107.086 1. [In]Except as otherwise provided in
this subsection, in addition to the requirements of NRS 107.085,
the exercise of the power of sale pursuant to NRS 107.080 with respect to any
trust agreement which concerns owner-occupied housing is subject to the
provisions of this section. The
provisions of this section do not apply to the exercise of the power of sale if
the notice of default and election to sell recorded pursuant to subsection 2 of
NRS 107.080 includes an affidavit and a certification indicating that, pursuant
to section 4 of this act, an election has been made to use the expedited
procedure for the exercise of the power of sale with respect to abandoned
residential property.

2. The trustee shall not exercise a power
of sale pursuant to NRS 107.080 unless the trustee:

(a) Includes with the notice of default and
election to sell which is mailed to the grantor or the person who holds the
title of record as required by subsection 3 of NRS 107.080:

(1) Contact information which the grantor
or the person who holds the title of record may use to reach a person with
authority to negotiate a loan modification on behalf of the beneficiary of the
deed of trust;

(2) Contact information for at least one
local housing counseling agency approved by the United States Department of
Housing and Urban Development;

(3) A notice provided by the Mediation
Administrator indicating that the grantor or the person who holds the title of
record has the right to seek mediation pursuant to this section; and

(4) A form upon which the grantor or the
person who holds the title of record may indicate an election to enter into
mediation or to waive mediation pursuant to this section and one envelope
addressed to the trustee and one envelope addressed to the Mediation
Administrator, which the grantor or the person who holds the title of record
may use to comply with the provisions of subsection 3;

(b) Serves a copy of the notice upon the
Mediation Administrator; and

(c) Causes to be recorded in the office of the
recorder of the county in which the trust property, or some part thereof, is
situated:

(1) The certificate provided to the
trustee by the Mediation Administrator pursuant to subsection 3 or 6 which
provides that no mediation is required in the matter; or

(2) The certificate provided to the
trustee by the Mediation Administrator pursuant to subsection 7 which provides
that mediation has been completed in the matter.

3. The grantor or the person who holds the
title of record shall, not later than 30 days after service of the notice in
the manner required by NRS 107.080, complete the form required by subparagraph
(4) of paragraph (a) of subsection 2 and return the form to the trustee by
certified mail, return receipt requested. If the grantor or the person who
holds the title of record indicates on the form an election to enter into
mediation, the trustee shall notify the beneficiary of the deed of trust and
every other person with an interest as defined in NRS 107.090, by certified
mail, return receipt requested, of the election of the grantor or the person
who holds the title of record to enter into mediation and file the form with
the Mediation Administrator, who shall assign the matter to a senior justice,
judge, hearing master or other designee and schedule the matter for mediation.
No further action may be taken to exercise the power of sale until the
completion of the mediation. If the grantor or the person who holds the title
of record indicates on the form an election to waive mediation or fails to
return the form to the trustee as required by this subsection, the trustee
shall execute an affidavit attesting to that fact under penalty of perjury and
serve a copy of the affidavit, together with the waiver of mediation by the
grantor or the person who holds the title of record, or proof of service on the
grantor or the person who holds the title of record of the notice required by
subsection 2 of this section and subsection 3 of NRS 107.080, upon the
Mediation Administrator. Upon receipt of the affidavit and the waiver or proof
of service, the Mediation Administrator shall provide to the trustee a
certificate which provides that no mediation is required in the matter.

4. Each mediation required by this section
must be conducted by a senior justice, judge, hearing master or other designee
pursuant to the rules adopted pursuant to subsection 8. The beneficiary of the
deed of trust or a representative shall attend the mediation. The grantor or a
representative shall attend the mediation if the grantor elected to enter into
mediation, or the person who holds the title of record or a representative
shall attend the mediation if the person who holds the title of record elected
to enter into mediation. The beneficiary of the deed of trust shall bring to
the mediation the original or a certified copy of the deed of trust, the
mortgage note and each assignment of the deed of trust or mortgage note. If the
beneficiary of the deed of trust is represented at the
mediation by another person, that person must have authority to negotiate a
loan modification on behalf of the beneficiary of the deed of trust or have
access at all times during the mediation to a person with such authority.

the deed of trust is represented at the mediation by another
person, that person must have authority to negotiate a loan modification on
behalf of the beneficiary of the deed of trust or have access at all times
during the mediation to a person with such authority.

5. If the beneficiary of the deed of trust
or the representative fails to attend the mediation, fails to participate in
the mediation in good faith or does not bring to the mediation each document
required by subsection 4 or does not have the authority or access to a person
with the authority required by subsection 4, the mediator shall prepare and
submit to the Mediation Administrator a petition and recommendation concerning
the imposition of sanctions against the beneficiary of the deed of trust or the
representative. The court may issue an order imposing such sanctions against
the beneficiary of the deed of trust or the representative as the court
determines appropriate, including, without limitation, requiring a loan
modification in the manner determined proper by the court.

6. If the grantor or the person who holds
the title of record elected to enter into mediation and fails to attend the
mediation, the Mediation Administrator shall provide to the trustee a
certificate which states that no mediation is required in the matter.

7. If the mediator determines that the
parties, while acting in good faith, are not able to agree to a loan
modification, the mediator shall prepare and submit to the Mediation
Administrator a recommendation that the matter be terminated. The Mediation
Administrator shall provide to the trustee a certificate which provides that
the mediation required by this section has been completed in the matter.

8. The Supreme Court shall adopt rules
necessary to carry out the provisions of this section. The rules must, without
limitation, include provisions:

(a) Designating an entity to serve as the
Mediation Administrator pursuant to this section. The entities that may be so
designated include, without limitation, the Administrative Office of the
Courts, the district court of the county in which the property is situated or
any other judicial entity.

(b) Ensuring that mediations occur in an orderly
and timely manner.

(c) Requiring each party to a mediation to
provide such information as the mediator determines necessary.

(d) Establishing procedures to protect the
mediation process from abuse and to ensure that each party to the mediation
acts in good faith.

(e) Establishing a total fee of not more than
$400 that may be charged and collected by the Mediation Administrator for
mediation services pursuant to this section and providing that the
responsibility for payment of the fee must be shared equally by the parties to
the mediation.

9. Except as otherwise provided in
subsection 11, the provisions of this section do not apply if:

(a) The grantor or the person who holds the title
of record has surrendered the property, as evidenced by a letter confirming the
surrender or delivery of the keys to the property to the trustee, the beneficiary
of the deed of trust or the mortgagee, or an authorized agent thereof; or

(b) A petition in bankruptcy has been filed with
respect to the grantor or the person who holds the title of record under
chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the
bankruptcy court has not entered an order closing or dismissing the case or
granting relief from a stay of foreclosure.

(b) Noncommercial lender means a lender which
makes a loan secured by a deed of trust on owner-occupied housing and which is
not a bank, financial institution or other entity regulated pursuant to title
55 or 56 of NRS.

(c) Owner-occupied housing means housing that
is occupied by an owner as the owners primary residence. The term does not
include vacant land or any time share or other property regulated under chapter
119A of NRS.

Sec. 6.5. Nothing in this act
shall be construed to limit the ability of a county or city to enforce any
existing ordinance relating to abandoned property.

Sec. 7. This act becomes effective
on July 1, 2013, and expires by limitation on June 30, 2017.

________

CHAPTER 331, SB 301

Senate Bill No. 301Senator Smith

CHAPTER 331

[Approved:
June 1, 2013]

AN ACT relating to
taxation; requiring a county treasurer to assign a tax lien against a parcel of
real property located within the county if an assignment is authorized by an
agreement between the owner of the property and the assignee; requiring the
county treasurer to issue a certificate of assignment for each tax lien assigned;
authorizing the assignee of a tax lien to commence an action against the
property owner for the collection of the delinquent taxes, penalties, interest,
fees and costs or to pursue any other remedy authorized by the agreement with
the owner; providing a penalty; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Existing law authorizes a county treasurer to sell a tax
lien against a parcel of real property upon which taxes have become delinquent.
The consent of the owner of the property is not a prerequisite to such a sale.
(NRS 361.731-361.733) This bill amends those provisions to delete references to
the sale of a tax lien and to require that the county treasurer assign a tax
lien if the property owner and the assignee enter into a written agreement that
so provides and the assignee pays to the county treasurer an amount equal to
the delinquent taxes and accrued penalties, interest, fees and costs. Section
4 of this bill sets forth the mandatory and permissible terms of such an
agreement. Sections 5-10 of this bill revise various provisions relating
to delinquent taxes and the collection of such taxes to add references to the
assignee of a tax lien, and to provide for an action by the assignee against
the owner to recover delinquent taxes, penalties, interest, fees and costs.

taxes, penalties, interest, fees and costs. Sections 11-19
of this bill amend existing provisions governing the sale of a tax lien to
provide for the assignment of the lien and the respective rights and duties of
the county treasurer, the owner of the property and the assignee. Section 21
of this bill authorizes an assignee to bring an action against the owner for
the recovery of delinquent taxes, penalties, interest, fees and costs, or to
pursue any other remedy authorized by the assignees agreement with the owner.

Existing law imposes certain limitations on the
enforcement of any right secured by a mortgage or other lien upon real estate.
(NRS 40.430) Section 22 of this bill provides that these limitations are
not applicable to any action, described above, brought by an assignee against
an owner to recover delinquent taxes or brought pursuant to an agreement
between the assignee and the owner.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
361 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. As used in this section and NRS 361.731 to 361.733,
inclusive, and sections 3 and 4 of this act, unless the context otherwise
requires, the words and terms defined in NRS 361.731 and section 3 of this act
have the meanings ascribed to them in those sections.

Sec. 3. Assignee means a person:

1. To
whom an assignment of a tax lien is authorized pursuant to this section and NRS
361.731 to 361.733, inclusive, and sections 2 and 4 of this act; or

2. Who
is the holder of a certificate of assignment issued pursuant to NRS 361.7318.

Sec. 4. 1. If any taxes assessed against a parcel of
real property pursuant to this chapter are delinquent and the requirements of
NRS 361.7316 are otherwise satisfied, an owner of the property may authorize
the county treasurer of the county in which the property is located to assign
to an assignee the tax lien on the property. Any such authorization must be in
writing and acknowledged by the owner before a notary public.

2. An
authorization given pursuant to this section must be made pursuant to a
separate written agreement between the owner and the assignee. The agreement:

(a) Must
provide that:

(1) The
owner may redeem the tax lien by paying to the assignee the amounts required by
the agreement, in the manner provided by the agreement; and

(2) The
assignee is required to issue a release of the tax lien to the ownerwithin 20 business days after the
owner pays in full the amounts required by the agreement and otherwise fully
performs the owners obligations under the agreement.

(b) May
provide for payment by the owner to the assignee of:

(1) The
amount paid by the assignee to the county treasurer pursuant to NRS 361.7312 as
consideration for the assignment;

(2) Fees
for recording and other expenses incurred by the assignee in connection with
the authorization and assignment, the total of which must not exceed $600 if
the property is a single-family residence occupied by the owner;

(3) Interest
on the foregoing amounts, until paid as provided by the agreement, at a rate
not to exceed 15 percent per annum; and

(4) Any
costs reasonably and necessarily incurred by the assignee to enforce the
agreement or the tax lien, including, without limitation, attorneys fees and
costs of suit, if the owner does not redeem the lien or otherwise does not
perform in accordance with the agreement.

(c) May
provide for either or both of the following remedies if the owner fails to
redeem the tax lien or otherwise fails to perform in accordance with the
agreement:

(1) An
action by the assignee for collection of the amounts due pursuant to the
agreement, as provided by law for the enforcement of contracts in writing; and

(2) An
action by the assignee for collection of the taxes, penalties, interest, fees
and costs relating to the tax lien, in the manner provided by NRS 361.625 to
361.730, inclusive,
except insofar as any provision of those sections applies only to the district
attorney of the county or an action commenced by the district attorney.

3. The assignee shall cause the agreement
described in subsection 2, with the certificate of assignment of the tax lien
issued pursuant to NRS 361.7318, to be recorded in the office of the county
recorder of the county in which the property is located.

Sec. 5. NRS
361.5648 is hereby amended to read as follows:

361.5648 1. Within 30 days
after the first Monday in March of each year, with respect to each property on
which the tax is delinquent, the tax receiver of the county shall mail notice
of the delinquency by first-class mail to:

(a) The owner or owners of the property;

(b) The person or persons listed as the taxpayer
or taxpayers on the tax rolls, at their last known addresses, if the names and
addresses are known; [and]

(c) Each holder of a recorded security interest
if the holder has made a request in writing to the tax receiver for the notice,
which identifies the secured property by the parcel number assigned to it in
accordance with the provisions of NRS 361.189[.] ; and

(d) Each
assignee of a tax lien on the property, if the assignee has made a request in
writing to the tax receiver for the notice described in paragraph (c).

2. The notice of delinquency must state:

(a) The name of the owner of the property, if
known.

(b) The description of the property on which the
taxes are a lien.

(c) The amount of the taxes due on the property
and the penalties and costs as provided by law.

(d) That if the amount is not paid by or on behalf of the
taxpayer or his or her successor in interest[:

(1) The], the tax receiver
will, at 5 p.m. on the first Monday in June of the current year, issue to the
county treasurer, as trustee for the State and county, a certificate
authorizing the county treasurer to hold the property, subject to redemption
within 2 years after the date of the issuance of the certificate,
by payment of the taxes and accruing taxes, penalties and costs, together with
interest on the taxes at the rate of 10 percent per annum, assessed monthly,
from the date due until paid as provided by law, except as otherwise provided
in NRS 360.232 and 360.320, and that redemption may be made in accordance with
the provisions of chapter 21 of NRS in regard to real property sold under
execution.

certificate, by payment of the taxes and accruing taxes,
penalties and costs, together with interest on the taxes at the rate of 10 percent
per annum, assessed monthly, from the date due until paid as provided by law,
except as otherwise provided in NRS 360.232 and 360.320, and that redemption
may be made in accordance with the provisions of chapter 21 of NRS in regard to
real property sold under execution.

[(2) A tax lien may be sold against the parcel pursuant
to the provisions of NRS 361.731 to 361.733, inclusive.]

3. Within 30 days after mailing the
original notice of delinquency, the tax receiver shall issue his or her
personal affidavit to the board of county commissioners affirming that due
notice has been mailed with respect to each parcel. The affidavit must recite
the number of letters mailed, the number of letters returned and the number of
letters finally determined to be undeliverable. Until the period of redemption
has expired, the tax receiver shall maintain detailed records which contain
such information as the Department may prescribe in support of the affidavit.

4. A second copy of the notice of
delinquency must be sent by certified mail, not less than 60 days before the
expiration of the period of redemption as stated in the notice.

5. The cost of each mailing must be
charged to the delinquent taxpayer.

6. A county and its officers and employees
are not liable for any damages resulting from failure to provide actual notice
pursuant to this section if the county, officer or employee, in determining the
names and addresses of persons with an interest in the property, relies upon a
preliminary title search from a company authorized to provide title insurance
in this State.

Sec. 6. NRS
361.570 is hereby amended to read as follows:

361.570 1. Pursuant to the
notice given as provided in NRS 361.5648 and 361.565 and at the time stated in
the notice, the tax receiver shall make out a certificate that describes each
property on which delinquent taxes, penalties, interest and costs have not been
paid. The certificate authorizes the county treasurer, as trustee for the State
and county, to hold each property described in the certificate for the period
of 2 years after the first Monday in June of the year the certificate is dated,
unless sooner redeemed.

2. The certificate must specify:

(a) The amount of delinquency on each property,
including the amount and year of assessment;

(b) The taxes, and the penalties and costs added
thereto, on each property, and that, except as otherwise provided in NRS
360.232 and 360.320, interest on the taxes will be added at the rate of 10
percent per annum, assessed monthly, from the date due until paid; and

(c) The name of the owner or taxpayer of each
property, if known.

3. The certificate must state:

(a) That each property described in the
certificate may be redeemed within 2 years after the date of the certificate;

(b) That the title to each property not redeemed
vests in the county for the benefit of the State and county; and

(c) That a tax lien may be [sold]assigned against the
parcel pursuant to the provisions of NRS 361.731 to 361.733, inclusive[.] , and sections 2, 3 and 4 of this act.

4. Until the expiration of the period of
redemption, each property held pursuant to the certificate must be assessed
annually to the county treasurer as trustee.

as trustee. Before the owner or his or her successor redeems
the property, he or she must also pay the county treasurer holding the
certificate any additional taxes, penalties and costs assessed and accrued
against the property after the date of the certificate, together with interest
on the taxes at the rate of 10 percent per annum, assessed monthly, from the
date due until paid, unless otherwise provided in NRS 360.232 and 360.320.

5. A county treasurer shall take a
certificate issued to him or her pursuant to this section. The county treasurer
may cause the certificate to be recorded in the office of the county recorder
against each property described in the certificate to provide constructive
notice of the amount of delinquent taxes on each property respectively. The
certificate reflects the amount of delinquent taxes, penalties, interest and
costs due on the properties described in the certificate on the date on which
the certificate was recorded, and the certificate need not be amended
subsequently to indicate additional taxes, penalties, interest and costs
assessed and accrued or the repayment of any of those delinquent amounts. The
recording of the certificate does not affect the statutory lien for taxes
provided in NRS 361.450.

Sec. 7. NRS
361.645 is hereby amended to read as follows:

361.645 1. The delinquent
list or a copy thereof certified by the county treasurer showing unpaid taxes
against any person or property is prima facie evidence in any court in an
action commenced by the district attorney pursuant to the provisions of this
chapter to prove:

(a) The assessment.

(b) The property assessed.

(c) The delinquency.

(d) The amount of taxes due and unpaid.

(e) That all the forms of law in relation to the
assessment and levy of those taxes have been complied with.

2. A certificate of [purchase]assignment of a tax
lien issued pursuant to NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act or a copy
thereof which is certified by the county treasurer and which indicates the [sale]assignment of a tax
lien to collect unpaid taxes on a parcel of real property is prima facie
evidence in any court in an action commenced by the [holder of the certificate
of purchase]assignee
to prove:

(a) The assessment.

(b) The property assessed.

(c) The delinquency.

(d) [The amount of taxes,
penalties, interest and costs due and unpaid.

(e)] That
all the forms of law in relation to the assessment and levy of those taxes and
the [sale]assignment of the tax lien have been complied
with.

Sec. 8. NRS
361.650 is hereby amended to read as follows:

361.650 1. Actions authorized
by NRS 361.635 must be commenced in the name of the State of Nevada against the
person or persons so delinquent, and against all owners, known or unknown.

2. An action authorized by NRS 361.733
must be commenced in the name of the [holder of the certificate
of purchase]assignee
of the tax lien against the person or persons delinquent in the
payment of the taxes on the parcel of real property which is the subject of the
tax lien and against all owners, known or unknown, of that parcel.

3. Any action described in subsection 1 or
2 may be commenced in the county where the assessment is made, before any court
in the county having jurisdiction of the amount thereof.

jurisdiction of the amount thereof. The jurisdiction must be
determined solely by the amount of delinquent taxes, exclusive of penalties and
costs sued for, without regard to the location of the lands or other property
as to townships, cities or districts, and without regard to the residence of
the person or persons, or owner or owners, known or unknown.

Sec. 9. NRS
361.685 is hereby amended to read as follows:

361.685 1. The district
attorney or the [holder of a certificate of purchase]assignee of a tax lien [issued]assigned pursuant to
NRS 361.731 to 361.733, inclusive, and
sections 2, 3 and 4 of this act shall file in the office of the
county recorder a copy of each notice published or posted, with the affidavit
of the publisher or foreman in the office, setting forth the date of each
publication of the notice in the newspaper in which the notice was published.

2. The officers shall file a copy of the
notices posted, with an affidavit of the time and place of posting.

3. Copies so filed or certified copies
thereof are prima facie evidence of all the facts contained in the notice or
affidavit, in all courts in the State.

4. The publishers are entitled to not more
than the legal rate for each case for publishing a notice, including the making
of the affidavit.

5. The county recorder is entitled to 50
cents for filing each notice of publication, including the affidavit.

6. The sums allowed must be taxed and
collected as other costs in the case from the defendant, and in no case may
they be charged against or collected from the county or State.

Sec. 10. NRS
361.695 is hereby amended to read as follows:

361.695 The defendant may answer by a
verified pleading:

1. That the taxes, penalties, interest and
costs have been paid before suit.

2. That the taxes, penalties, interest and
costs have been paid since suit, or that the property is exempt from taxation
under the provisions of this chapter.

3. Denying all claim, title or interest in
the property assessed at the time of the assessment.

4. That the land is [situate]situated in, and has
been assessed in, another county, and the taxes thereon paid.

5. Alleging fraud in the assessment, or
that the assessment is out of proportion to and above the taxable value of the
property assessed. If the defense is based upon the ground that the assessment
is above the taxable value of the property, the defense is only valid as to the
proportion of the tax based upon the excess of valuation, but in no such case
may an entire assessment be declared void.

6. If the action is brought by the [holder
of a certificate of purchase]assignee of a tax lien [issued]assigned pursuant to
NRS 361.731 to 361.733, inclusive, and
sections 2, 3 and 4 of this act, that the [defendant is the owner of
a parcel of real property against which a tax lien wassoldin a
manner that]assignment
did not comply with the provisions of NRS 361.731 to 361.733,
inclusive[.] , and sections 2, 3 and 4 of this act.

7. If the action is brought by the [holder
of a certificate of purchase]assignee of a tax lien [issued]assigned pursuant to
NRS 361.731 to 361.733, inclusive, and
sections 2, 3 and 4 of this act, that the defendant has redeemed the tax lien pursuant to NRS 361.7326.

redeemed the tax lien pursuant to NRS 361.7326. [The
defendant shall file the certificate of redemption issued pursuant to NRS
361.7326 with his or her answer.]

Sec. 11. NRS
361.731 is hereby amended to read as follows:

361.731 [As used in NRS 361.731 to
361.733, inclusive, unless the context otherwise requires, tax]Tax lien means a
perpetual lien which remains against a parcel of real property until the taxes
assessed against that parcel and any penalties, interest , fees and costs which may accrue thereon are
paid[.] :

1. To
the county treasurer; or

2. If
the lien is assigned pursuant to NRS 361.731 to 361.733, inclusive, and
sections 2, 3 and 4 of this act, to the assignee or any successor in interest
of the assignee.

Sec. 12. NRS
361.7312 is hereby amended to read as follows:

361.7312 1. Except as
otherwise provided in [this section,]subsection 2, a county [may,] treasurershall [in lieu of the remedies
for the collection of delinquent taxes set forth in NRS 361.5648 to 361.730,
inclusive,sell]assign a tax lien against a parcel of real
property upon which the taxes are delinquent [pursuant to the
provisions of NRS 361.731 to 361.733, inclusive.] if the assignee:

(a) Presents
the county treasurer with:

(1) Written
authorization for the assignment, duly executed by the owner of the property in
accordance with section 4 of this act; and

(2) Evidence
that the assignee has posted and maintains the bond required by NRS 361.7314 in
the penal sum required by that section, or an affidavit showing that the
assignee is exempt from the requirement pursuant to subsection 4 of that
section; and

(b) Tenders
to the county treasurer the full amount of the delinquent taxes assessed against the property and any applicable penalties, interest,
fees and costs. Payment must be made in cash or by certified check, money order
or wire transfer.

2. [Except as otherwise
provided in this section, a county maysella tax lien to anypurchaser.]
A county treasurer may
not [sell]assign a tax lien to a government,
governmental agency or political subdivision of a government . [, or to any insurer other
than an insurer that:

(a) Is
entitled to receive the credit set forth in NRS 680B.050 because it owns and
substantially occupies and uses a building in this State as its home office or
as a regional home office; or

(b) Issues
in this State a policy of insurance for medical malpractice.]

3. [For the purposes of this
section:

(a) Insurerhas the meaning ascribed to it in NRS 679A.100.

(b) Policy
of insurance for medical malpractice has the meaning ascribed to it in NRS
679B.144.] An
assignment of a tax lien pursuant to this section does not affect the priority
of the tax lien.

Sec. 13. NRS
361.7314 is hereby amended to read as follows:

361.7314 1. [Before
a county mayoffer for sale tax liens against parcelsof real
property located within the county, the board of county commissioners of that
county must adopt by resolution a procedure for the sale and transfer of tax
liens by the county treasurer.

2. The
procedure must include, but is not limited to:

(a) The
requirements for notice of the sale of the tax lien. The notice must include:

(2) An
indication of all other tax liens against the property that have been
previously sold.

(b) The
manner in which:

(1) A
tax lien is selected for sale;

(2) The
price to purchase a tax lien is determined; and

(3) The
holder of a certificate of purchase issued pursuant to NRS 361.7318 may collect
the delinquent taxes, interest, penalties and costs on the parcel of real
property which is the subject of the tax lien.] Except as otherwise provided in
subsection 4, an assignee shall post a cash bond or surety bond:

(a) In
the penal sum of $500,000; and

(b) Conditioned
to provide indemnification to any owner of real property in this State with respect
to which a tax lien is assigned to the assignee if the owner is determined to
have suffered damage as a result of the assignees wrongful failure or refusal
to perform the obligations of the assignee under an agreement entered into
pursuant to section 4 of this act.

2. No
part of the bond required by this section may be withdrawn while any agreement
entered into pursuant to section 4 of this act, to which the assignee is a
party, remains in effect with respect to real property in this State.

3. Except
as otherwise provided in subsection 4, each assignee shall annually submit to
the Secretary of State a written statement, made under penalty of perjury:

(a) That
the assignee has posted the bond required by this section; and

(b) Stating
the name and business address of the surety or person with whom the bond has
been posted.

Κ Any
assignee or other person who knowingly makes or causes to be made a false
statement to the Secretary of State pursuant to this subsection is guilty of a
misdemeanor.

4. The provisions of this section do not
apply to any assignee who is related within the third degree of consanguinity
to the owner of the real property that is the subject of the assignment.

Sec. 14. NRS
361.7316 is hereby amended to read as follows:

361.7316 1. A county
treasurer may [sell]assign a tax lien against a parcel of real
property at any time after
the [first Monday in June after the] taxes on
that parcel become delinquent and
before judgment in favor of the county is entered pursuant to NRS 361.700 if:

(a) The parcel is on the secured roll; and

(b) The taxes on the parcel are delinquent
pursuant to the provisions of NRS 361.483 . [;

(c) The
tax receiver has given notice of the delinquency pursuant to NRS 361.5648; and

(d) The
price for the tax lien established by the county treasurer is at least equal to
the amount of the taxes which are delinquent for the parcel and any penalties,
interest and costs which may accrue thereon.

2. The
county treasurer may sell a tax lien separately or in combination with other
tax liens in accordance with the procedure adopted by the board of county
commissioners pursuant to NRS 361.7314.

3. Each
tax lien must relate to the taxes assessed against the parcel for at least 1
year, and any penalties, interest and costs which may accrue thereon.

4. The
county treasurer may sell a tax lien which relates to the taxes assessed
against the parcel for any year of assessment and any penalties, interest and
costs accrued thereon if those taxes are delinquent pursuant to the provisions
of NRS 361.483.

5.]2. If two or
more parcels are assessed as a single parcel, one tax lien may be [sold]assigned for that
single parcel.

[6. A tax lien must be purchased in cash or by
certified check, money order or wire transfer of money.

7. If
a tax lienoffered for sale is not sold at the sale conductedby
the county treasurer, the county may collect the delinquent taxes pursuant to
the remedies for the collection of delinquent taxes set forth in NRS 361.5648
to 361.730, inclusive.]

Sec. 15. NRS
361.7318 is hereby amended to read as follows:

361.7318 1. The county
treasurer shall issue a certificate of [purchase]assignment to each [purchaser]assignee of a tax
lien.

2. [The holder of a
certificate of purchase is entitled to receive:

(a) The
amount of the taxes which are delinquent for the year those taxes are assessed
against the parcel of real property which is the subject of the tax lien and
any penalties, interest and costs imposed pursuant to the provisions of this
chapter; and

(b) Interest
on the amount described in paragraph (a) which accrues at a rate established by
the board of county commissioners. The interest must be calculated annually
from the date on which the certificate of purchase is issued. The rate of interest established by the board may not be less
than 10 percent per annum or more than 20 percent per annum.

3.] Each
certificate of [purchase]assignment must include:

(a) [A]The legal description and parcel number of the [parcel
of] real property which is the subject of the tax lien;

(b) The year or years for which the delinquent taxes [which are delinquent]
were assessed on the parcel;

(c) The name of the owner of the property, if known;

(d) The
amount the county treasurer received for the tax lien[;

(d) The
amount of the delinquent taxes owed on the parcel and any penalties, interest
and costs imposed pursuant to the provisions of this chapter;] pursuant to NRS 361.7312;
and

(e) A statement that the amount indicated on the
certificate [pursuant to paragraph (d)] bears
interest at the rate established by the [board of county
commissioners, from the date on which the certificate of purchase is issued.

4. The
holder of a certificate of purchase may transferthecertificate
to another person by signing the certificate before a notary public. A
certificate ofpurchasemay not be transferred to a government, governmental
agency or political subdivision of a government. The transferee must submit the
certificate to the county treasurer for entry of the transfer in the record ofsalestax liens maintained by the county treasurer pursuant to NRS
361.7322.

5.]agreement entered into pursuant to
section 4 of this act.

3. Notwithstanding
the provisions of NRS 104.9109, a security interest in a certificate of [purchase]assignment may be
created and perfected in the manner provided for general intangibles set forth
in NRS 104.9101 to 104.9709, inclusive.

Sec. 16. NRS
361.732 is hereby amended to read as follows:

361.732 If [the holder of a
certificate of purchase]an assignee requests the county treasurer to
issue a duplicate certificate[,]of assignment, the [holder] assignee must submit to the county treasurer a
notarized affidavit which attests that the original certificate was lost or
destroyed.

[holder]assignee must submit to
the county treasurer a notarized affidavit which attests that the original certificate was
lost or destroyed. The county treasurer shall, upon receipt of the affidavit,
issue to the [holder]assignee an exact duplicate of the certificate
of [purchase.] assignment.

Sec. 17. NRS
361.7322 is hereby amended to read as follows:

361.7322 The county treasurer shall [prepare
and maintain a record of each tax lien]make a notation in his or her records
whenever he or she [sells]assigns a tax lien pursuant
to the provisions of NRS 361.731 to 361.733, inclusive[.], and sections 2, 3 and 4 of this act. [The
record must include:

1. The
date of thesaleof the tax lien;

2. A
description of the parcel of real property which is the subject of the tax
lien;

3. The
year the taxes which are delinquent were assessed on the parcel;

4. The
name of the owner of the parcel, if known;

5. The
name and address of the originalpurchaserof the tax lien;

6. The
amount of the delinquent taxes owed on the parcel and any penalties, interest
and costs imposed pursuant to the provisions of this chapter on the date the
county treasurersellsthe tax lien;

7. The
name and address of any person to whom the certificate ofpurchaseis
transferred and the date of the transfer;

8. Thename of the person who redeems the tax lien, the date of that redemption
and the amount paid to redeem the tax lien; and

9. The
date of any judgment entered pursuant to NRS 361.700.]

Sec. 18. (Deleted by amendment.)

Sec. 19. NRS
361.7326 is hereby amended to read as follows:

361.7326 1. [In
addition to the persons authorized to redeem a tax lien pursuant to NRS
361.7324, any]An owner of property may redeem a tax lien [sold]assigned pursuant to
the provisions of NRS 361.731 to 361.733, inclusive, and sections 2, 3 and 4 of this act [may
be redeemed by any of the following persons, as their interests in the parcel
of real property which is the subject of the tax lien may appear of record:

(a) The
owner of the parcel of real property.

(b) The
beneficiary under a deed of trust.

(c) The
mortgagee under a mortgage.

(d) The
person to whom the property was assessed.

(e) The
person who holds a contract to purchase the property before its conveyance to
the county treasurer.

(f) The
successor in interest of any person specified in this subsection.

2. A
person who redeems a tax lien must pay to the county treasurer the amount
stated on the certificate ofpurchaseof the tax lien, including
interest at the rate stated on the certificate and any fees paid by theholder
of the certificate of purchaseto the county treasurer.]without a prepayment penalty at
any time after the assignment by paying the amounts owed to the assignee under
the agreement entered into pursuant to section 4 of this act.

2. If
[the person]an owner who redeems the tax lien has been
served with a summons pursuant to NRS 361.670, the [person]owner must pay the
costs incurred by the [holder of the certificate of purchase]assignee to commence the
action.

3. Within
20 business days after the redemption of the tax lien, the assignee shall
issue a [certificate of redemption to each person who redeems a tax
lien pursuant to this section.

5.]release of the lien to the owner.

4. A
[certificate of redemption]release issued pursuant to
subsection [4]3 must include:

(a) [A]The legal description and parcel number of the [parcel
of real] property which is the subject of the tax lien;

(b) The year or years for which the taxes related to the lien were
assessed on the parcel;

(c) The
recording information for the documents recorded pursuant to subsection 3 of
section 4 of this act; and

(d) The
date the tax lien is redeemed . [;

(c) The
name and address of the person who redeems the tax lien; and

(d) The
amount paid to redeem the tax lien.

6. The
county treasurer shall record the information set forth in subsection 5 in the
record he or she maintains pursuant to NRS 361.7322.

7. A
certificate of redemption may be recorded in the office of the county recorder.]

5. The
assignee shall:

(a) Cause
the release to be
recorded in the office of the county recorder of the county in which the
property is located; and

(b) Cause
a copy of the release to be sent to the county treasurer of that county.

Sec. 20. (Deleted by amendment.)

Sec. 21. NRS
361.733 is hereby amended to read as follows:

361.733 [If]

1. Except
as otherwise provided in this section, if a tax lien is not
redeemed pursuant to NRS 361.7326
,[within the time allowed for the collection of the delinquent
taxes set forth in NRS 361.5648 to 361.620, inclusive,]
the [holder of the certificate of purchase]assignee may commence an
action pursuant to NRS 361.625 to
361.730, inclusive, for the collection of the delinquent taxes,
penalties, interest , fees and
costs[.] owed pursuant to the certificate of
assignment and the agreement entered into pursuant to section 4 of this act. An
assignee may not commence such an action before the earliest date on which an
action could be commenced by the district attorney of the county pursuant to
NRS 361.635.

2. Not
later than 60 days before commencing such an action, the assignee shall cause
written notice of the intended action and the assignees claim, stating the
amount owed to the assignee, to be mailed by certified mail to:

(a) The
owner of the property at the owners last known address; and

(b) Each
of the following persons, as their interest in the property appears of record:

3. At any time after notice is given
pursuant to subsection 2 and before the commencement of an action by the
assignee, any person related to the owner of the property within the third
degree of consanguinity or any beneficiary or mortgagee described in subsection
2 may obtain an assignment of the tax lien from the assignee by paying the
assignee the amount then owed to the assignee.

Sec. 22. NRS
40.430 is hereby amended to read as follows:

40.430 1. Except in cases
where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS
40.512, and except as otherwise provided in NRS 118C.220, there may be but one
action for the recovery of any debt, or for the enforcement of any right
secured by a mortgage or other lien upon real estate. That action must be in
accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that
action, the judgment must be rendered for the amount found due the plaintiff,
and the court, by its decree or judgment, may direct a sale of the encumbered
property, or such part thereof as is necessary, and apply the proceeds of the
sale as provided in NRS 40.462.

2. This section must be construed to permit
a secured creditor to realize upon the collateral for a debt or other
obligation agreed upon by the debtor and creditor when the debt or other
obligation was incurred.

3. At any time not later than 5 business
days before the date of sale directed by the court, if the deficiency resulting
in the action for the recovery of the debt has arisen by failure to make a
payment required by the mortgage or other lien, the deficiency may be made good
by payment of the deficient sum and by payment of any costs, fees and expenses
incident to making the deficiency good. If a deficiency is made good pursuant
to this subsection, the sale may not occur.

4. A sale directed by the court pursuant
to subsection 1 must be conducted in the same manner as the sale of real property
upon execution, by the sheriff of the county in which the encumbered land is
situated, and if the encumbered land is situated in two or more counties, the
court shall direct the sheriff of one of the counties to conduct the sale with
like proceedings and effect as if the whole of the encumbered land were
situated in that county.

5. Within 30 days after a sale of property
is conducted pursuant to this section, the sheriff who conducted the sale shall
record the sale of the property in the office of the county recorder of the
county in which the property is located.

6. As used in this section, an action
does not include any act or proceeding:

(a) To appoint a receiver for, or obtain
possession of, any real or personal collateral for the debt or as provided in
NRS 32.015.

(b) To enforce a security interest in, or the
assignment of, any rents, issues, profits or other income of any real or
personal property.

(c) To enforce a mortgage or other lien upon any
real or personal collateral located outside of the State which does not, except
as required under the laws of that jurisdiction, result in a personal judgment
against the debtor.

(d) For the recovery of damages arising from the
commission of a tort, including a recovery under NRS 40.750, or the recovery of
any declaratory or equitable relief.

(f) For the exercise of any right or remedy
authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted
in any other state.

(g) For the exercise of any right to set off, or
to enforce a pledge in, a deposit account pursuant to a written agreement or
pledge.

(h) To draw under a letter of credit.

(i) To enforce an agreement with a surety or
guarantor if enforcement of the mortgage or other lien has been automatically
stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal
bankruptcy court under any other provision of the United States Bankruptcy Code
for not less than 120 days following the mailing of notice to the surety or
guarantor pursuant to subsection 1 of NRS 107.095.

(j) To collect any debt, or enforce any right,
secured by a mortgage or other lien on real property if the property has been
sold to a person other than the creditor to satisfy, in whole or in part, a
debt or other right secured by a senior mortgage or other senior lien on the
property.

(k) Relating to any proceeding in bankruptcy,
including the filing of a proof of claim, seeking relief from an automatic stay
and any other action to determine the amount or validity of a debt.

(l) For filing a claim pursuant to chapter 147 of
NRS or to enforce such a claim which has been disallowed.

(m) Which does not include the collection of the
debt or realization of the collateral securing the debt.

(n) Pursuant to NRS 40.507 or 40.508.

(o) Pursuant
to an agreement entered into pursuant to section 4 of this act between an owner
of the property and the assignee of a tax lien against the property, or an
action which is authorized by NRS 361.733.

(p) Which
is exempted from the provisions of this section by specific statute.

[(p)](q) To recover costs of suit, costs and
expenses of sale, attorneys fees and other incidental relief in connection
with any action authorized by this subsection.

Existing law generally provides for the regulation of
allopathic and osteopathic physicians in this State. (Chapters 630 and 633 of
NRS) Section 1 of this bill authorizes an allopathic physician to substitute
not more than 2 hours of continuing education credits in pain management or
addiction care for the purposes of satisfying an equivalent requirement for continuing
education in ethics. Section 2 of this bill requires the State Board of
Osteopathic Medicine to require, as part of the continuing education
requirements approved by the Boa